/ 

57TH  CONGRESS,  j  SENATE.  j  DOCUMENT 

%d  Session.       \  (No.  209. 


FEDERAL  AID 


IN 


DOMESTIC    DISTURBANCES. 

1787  -- 1 9  0  3 . 


The  Congress  shall  have  power  *  *  to  raise  and  support  armies;  *  *  to 

provide  for  the  calling  forth  the  militia  to  execute  the  laws  of  the  Union,  suppress 
insurrections  and  repel  invasions.  (Art.  I,  sec.  8,  Constitution  of  the  United  States.) 

The  United  States  shall  guarantee  to  every  State  in  this  Union  a  republican  form 
of  government,  and  shall  protect  each  of  them  against  invasion;  and  on  application 
of  the  legislature,  or  of  the  executive  (when  the  legislature  cannot  be  convened), 
against  domestic  violence.  (Art.  IV,  sec.  4,  Constitution.) 


PREPARED   UNDER  THE   DIRECTION   OF 

MAJOR-GENERAL  HENRY  C.  CORB1N, 

Adjutant- General,  IT.  S.  Army, 

BY 

FREDERICK   T.  WILSON, 
Chief  of  Division,  Adjutant-General 8  Office, 


MARCH  2,  1903. — Ordered  to  be  printed. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1903. 


CAT.  FOR 
DOC.  DEPT. 


US' 

iocumtwrs 

Hfl. 


CONTENTS. 


Page. 

Employment  of  troops  in  enforcement  of  the  laws 5 

I.  The  constitutional  guaranty ;  its  history 13 

II.  From  the  adoption  of  the  Constitution  to  the  second  war  with  Great 

Britain 32 

The  whisky  insurrection,  1 794 33 

Fries' s  insurrection,  1 799 43 

Burr's  conspiracy,  1805-1807 46 

The  embargo  troubles,  1808 50 

III.  From  the  reorganization  of  the  Army  to  the  fugitive-slave  riots 55 

Negro  insurrections,  1831 56 

The  nullification  excitement,  1832 56 

The  Black  Hawk  war,  1832 59 

The  Sabine  affair,  1836 60 

Intruders  on  the  Cherokee  lands,  1833 61 

Removal  of  the  Cherokee*,  1838 62 

The  patriot  war,  1837-1838 62 

Iowa  boundary  line,  1839 64 

The  Dorr  rebellion,  1842 65 

The  Boston  fugitive-slave  cases,  1851 74 

The  Anthony  Burns  riots,  1854 76 

IV.  From  the  Kansas  troubles  to  the  end  of  the  war  of  the  rebellion 79 

Disturbances  in  Kansas,  1854-1858 79 

The  San  Francisco,  Cal.,  vigilance  committee,  1856 85 

The  Mormon  rebellion,  1851-1858 93 

The  Utah  expedition,  1857 94 

Disturbances  at  Provo,  Utah,  1859 97 

The  affair  at  Harpers  Ferry,  Va. ,  1859 100 

The  war  of  the  rebellion,  1861-1865 101 

V.  The  reconstruction  period 107 

.                             Brigandage  in  Missouri,  1866 108 

Riots  at  Norfolk,  Va.,  1866 108 

The  Memphis,  Tenn.,  riots,  1866 109 

Fenian  invasion  of  Canada,  1866 Ill 

Riots  at  Mobile,  Ala.,  1867 113 

Riot  at  Franklin,  Tenn.,  1867 114 

The  Nashville,  Tenn.,  election,  18(57 114 

The  Ku-Klux  Klan,  1866-1872 116 

Riot  at  Unionville,  S.  C.,  1871 120 

Disorders  in  Gulf  States,  1868 123 

Lawlessness  in  Arkansas,  1868 124 

Riot  at  Camilla,  Ga.,  1868 120 

Lawlessness  in  Texas,  1868-1870 127 

Riot  at  Millican,  Tex. ,  1868 128 

Riot  at  Mobile,  Ala.,  1869 129 

233 


4  CONTENTS. 

Page. 

VI.  Political  disturbances  in  Louisiana,  1866-1876 130 

Riots  at  New  Orleans,  1866 132 

Outrages  in  Franklin  County,  1868 143 

Conflict  in  St.  Landry  Parish 145 

Riots  at  New  Orleans,  1871-1872 146 

The  Coushatta  tragedy,  1874 152 

Riots  at  New  Orleans,  1874 153 

The  affair  of  January  4,  1875 159 

VII.  Political  disturbances  in  Arkansas,  1874 164 

VIII.  Political  disturbances  in  South  Carolina 182 

The  Hamburg  riot,  1876 182 

The  rifle  clubs 1 83 

Disorders  at  Columbia 185 

IX.  The  labor  strikes  of  1877 189 

Riot  at  Martinsburg,  W.  Va 189 

Riot  at  Baltimore,  Md 191 

Riots  at  Pittsburg,  Pa 194 

Disturbances  in  Ohio 198 

Rioting  at  Indianapolis,  Ind 199 

•  Rioting  at  Chicago,  111 200 

Rioting  at  St.  Louis,  Mo 202 

Disturbances  in  various  States 203 

X.  Disturbances  in  the  Territories,  1 878-1894 206 

Lawlessness  in  New  Mexico,  1878 206 

Disorder  at  Hastings,  Nebr.,  1879 •_ .  211 

Indian  outrages  in  Arizona,  1882 212 

Disorders  at  Salt  Lake  City,  Utah,  1885 214 

Chinese  outrages,  1885-1886 215 

Chinese  outrages  at  Rock  Springs,  Wyo 215 

Chinese  outrages  at  Seattle,  Wash 218 

Chinese  outrages  in  New  Mexico 222 

Rioting  at  Cceur  d' Alene  mines,  Idaho,  1 892 222 

Municipal  troubles,  Denver,  Col<  >. ,  1 894 225 

XL  The  railroad  strikes  of  1894 228 

Riots  at  Chicago,  111 228 

Riot  at  Hammond,  Ind 231 

Rioting  in  the  West  generally 232 

Rioting  in  Idaho 233 

Rioting  in  New  Mexico 234 

Rioting  in  Oklahoma 235 

Riot  at  Sacramento,  Cal 236 

The  case  of  In  re  Debs 237 

XII.  From  the  ruling  in  the  Debs  case  to  the  end  of  the  Fifty-seventh  Con 
gress  240 

The  war  with  Spain,  1898 241 

The  Philippine  insurrection,  1899-1902 243 

The  Cceur  d' Alene  troubles,  1899 246 

The  reorganization  of  the  Army,  1901 253 

Conclusions 255 

XIII.  Documents..  261 


EMPLOYMENT  OF  TROOPS 

IN   THE 

ENFORCEMENT  OF  THE  LAWS. 


[The  small  letters  in  the  body  of  the  text  refer  to  notes  at  the  bottom  of  each  page,  the  small  figures 

to  documents  in  Part  XIII.] 

Whenever,  in  the  judgment  of  the  President,  it  becomes  necessary 
to  use  the  military  forces  under  this  title,  the  President  shall  forth 
with,  by  proclamation,  command  the  insurgents  to  disperse  and  retire 
peaceably  to  their  respective  abodes,  within  a  limited  time.  (Sec. 
5300,  Rev.  Stat.) 

It  is  unlawful  to  employ  any  part  of  the  Army  of  the  United  States, 
as  a  posse  comitatus  or  otherwise,  for  the  purpose  of  executing  the 
laws,  except  in  such  cases  and  under  such  circumstances  as  such 
employment  of  said  force  may  be  expressly  authorized  by  the  Consti 
tution  or  by  act  of  Congress;  and  any  person  wilfully  violating  this 
provision  will  be  deemed  guihy  of  a  misdemeanor,  and,  on  convic 
tion  thereof,  will  be  punishable  by  a  fine  not  exceeding  $10,000  or 
imprisonment  not  exceeding  twTo  years,  or  by  both  such  fine  and 
imprisonment. a  (563,  Army  Regulations,  1901.) 

The  provisions  of  the  Constitution  and  of  acts  of  Congress  under 
stood  as  intended  to  be  excepted  from  the  operation  of  the  act  of 
June  18,  1878  (20  Stat.  L.,  145),  authorizing  the  employment  of  the 
military  forces  for  the  purpose  of  executing  the  laws,  are  as  follows 
(564,  Army  Regulations,  1901): 

ARTICLE  IV  OF  THE  CONSTITUTION. 

§  4.  The  United  States  shall  guarantee  to  every  State  in  this  Union  a  republican 
form  of  government,  and  shall  protect  each  of  them  against  invasion;  and  on  appli 
cation  of  the  legislature,  or  of  the  executive  (when  the  legislature  can  not  be  con 
vened),  against  domestic  violence. 

REVISED  STATUTES  OF  THE  UNITED  STATES. 
CIVIL  RIGHTS. 

SEC.  1984.  The  commissioners  authorized  to  be  appointed  by  the  preceding  section 
[sec.  1983]  are  empowered,  writhin  their  respective  counties,  to  appoint,  in  writing, 
under  their  hands,  one  or  more  suitable  persons,  from  time  to  time,  who  shall 

«  Sec.  15,  act  June  18,  1878. 


6  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

execute  all  such  warrants  or  other  process  as  the  commissioners  may  issue  in  the 
lawful  performance  of  their  duties,  and  the  persons  so  appointed  shall  have  authority 
to  summon  and  call  to  their  aid  the  bystanders  or  posse  comitatus  of  the  proper 
county,  or  such  portion  of  the  land  and  naval  forces  of  the  United  States,  or  of  the 
militia,  as  may  be  necessary  to  the  performance  of  the  duty  with  which  they  are 
charged;  and  such  warrants  shall  run  and  be  executed  anywhere  in  the  State  or  Ter 
ritory  within  which  they  are  issued. 

SEC.  1989.  It  shall  be  lawful  for  the  President  of  the  United  States,  or  such  person 
as  he  may  empower  for  that  purpose,  to  employ  such  part  of  the  land  or  naval  forces 
of  the  United  States,  or  of  the  militia,  as  may  be  necessary  to  aid  in  the  execution  of 
judicial  process  issued  under  any  of  the  preceding  provisions,  or  as  shall  be  neces 
sary  to  prevent  the  violation  and  enforce  the  due  execution  of  the  provisions  of  this 
title. 

SEC.  1991.  Every  person  in  the  military  or  civil  service  in  the  Territory  of  New 
Mexico  shall  aid  in  the  enforcement  of  the  preceding  section  [abolishing  peonage]. 


SEC.  2118.  Every  person  wrho  makes  a  settlement  on  any  lands  belonging,  secured, 
or  granted  by  treaty  with  the  United  States  to  any  Indian  tribe,  or  surveys  or 
attempts  to  survey  such  lands,  or  to  designate  any  of  the  boundaries  by  marking 
trees,  or  otherwise,  is  liable  to  a  penalty  of  one  thousand  dollars.  The  President 
may,  moreover,  take  such  measures  and  employ  such  military  force  as  he  may  judge 
necessary  to  remove  any  such  person  from  the  lands. 

SEC.  2147.  The  Superintendent  of  Indian  Affairs,  and  the  Indian  agents  and  sub- 
agents,  shall  have  authority  to  remove  from  the  Indian  country  all  persons  found 
therein  contrary  to  law;  and  the  President  is  authorized  to  direct  the  military  force 
to  be  employed  in  such  removal. 

SEC.  2150.  The  military  forces  of  the  United  States  may  be  employed  in  such  man 
ner  and  under  such  regulations  as  the  President  may  direct — 

First.  In  the  apprehension  of  every  person  who  may  be  in  the  Indian  country  in 
violation  of  law;  and  in  conveying  him  immediately  from  the  Indian  country,  by  the 
nearest  convenient  and  safe  route,  to  the  civil  authority  of  the  Territory  or  judicial 
district  in  which  such  person  shall  be  found,  to  be  proceeded  against  in  due  course 
of  law; 

Second.  In  the  examination ^and  seizure  of  stores,  packages,  and  boats,  authorized 
by  ?aw; 

Third.  In  preventing  the  introduction  of  persons  and  property  into  the  Indian 
country  contrary  to  law;  which  persons  and  property  shall  be  proceeded  against 
according  to  law; 

Fourth.  And  also  in  destroying  and  breaking  up  any  distillery  for  manufacturing 
ardent  spirits  set  up  or  continued  within  the  Indian  country. 

SEC.  2151.  No  person  apprehended  by  military  force  under  the  preceding  section 
shall  be  detained  longer  than  five  days  after  arrest  and  before  removal.  All  officers 
and  soldiers  who  may  have  any  such  person  in  custody  shall  treat  him  with  all  the 
humanity  which  the  circumstances  will  permit, 

SEC.  2152.  The  superintendents,  agents,  and  subagents  shall  endeavor  to  procure 
the  arrest  and  trial  of  all  Indians  accused  of  committing  any  crime,  offense,  or  mis 
demeanor,  arid  of  all  other  persons  who  may  have  committed  crime's  or  offenses 
within  any  State  or  Territory,  and  have  fled  into  the  Indian  country,  either  by 
demanding  the  same  of  the  chiefs  of  the  proper  tribe,  or  by  such  other  means  as  the 
President  may  authorize.  The  President  may  direct  the  military  force  of  the  United 
States  to  be  employed  in  the  apprehension  of  such  Indians,  and  also  in  preventing 
or  terminating  hostilities  between  any  of  the  Indian  tribes. 


ENFOKCEMENT    OF    THE    LAWS.  7 

THE   PUBLIC1    LANDS. 

SEC.  2460.  The  President  is  authorized  to  employ  so  much  of  the  land  and  naval 
forces  of  the  United  States  as  may  be  necessary  effectually  to  prevent  the  felling, 
cutting  down,  or  other  destruction  of  the  timber  of  the  United  States  in  Florida,  and 
to  prevent  the  transportation  or  carrying  away  any  such  timber  as  may  be  already 
felled  or  cut  down;  and  to  take  such  other  and  further  measures  as  may  be  deemed 
advisable  for  the  preservation  of  the  timber  of  the  United  States  in  Florida. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  if  any  person  or  persons  shall,  after  the  passing  of  this 
act,  take  possession  of,  or  make  a  settlement  on  any  lands  ceded  or  secured  to  the 
United  States,  by  any  treaty  made  with  a  foreign  nation,  or  by  a  cession  from  any 
State  to  the  United  States,  which  lands  shall  not  have  been  previously  sold,  ceded, 
or  leased  by  the  United  States,  or  the  claim  to  which  lands,  by  such  person  or  per 
sons,  shall  not  have  been  previously  recognized  and  confirmed  by  the  United  States; 
or  if  any  person  or  persons  shall  cause  such  lands  to  be  thus  occupied,  taken  posses 
sion  of,  or  settled;  or  shall  survey,  or  attempt  to  survey,  or  cause  to  be  surveyed, 
any  such  lands;  or  designate  any  boundaries  thereon,  by  marking  trees,  or  other 
wise,  until  thereto  duly  authorized  by  law,  such  offender  or  offenders  shall  forfeit  all 
his  or  their  right,  title,  and  claim,  if  any  he  hath,  or  they  have,  of  whatsoever 
nature  or  kind  the  same  shall  or  may  be,  to  the  lands  aforesaid,  which  he  or  they 
shall  have  taken  possession  of,  or  settled,  or  cause  to  be  occupied,  taken  possession 
of,  or  settled,  or  which  he  or  they  shall  have  surveyed,  or  attempt  to  survey,  or 
cause  to  be  surveyed,  or  the  boundaries  thereof  he  or  they  shall  have  designated,  or 
cause  to  be  designated,  by  marking  trees  or  otherwise.  And  it  shall  moreover  be 
lawful  for  the  President  of  the  United  States  to  direct  the  marshal,  or  officer  acting 
as  marshal,  in  the  manner  hereinafter  directed,  and  also  to  take  such  other  meas 
ures,  and  to  employ  such  military  force  as  he  may  judge  necessary  and  proper,  to 
remove  from  lands  ceded  or  secured  to  the  United  States  by  treaty  or  cession  as 
aforesaid  any  person  or  persons  who  shall  hereafter  take  possession  of  the  same,  or 
make,  or  attempt  to  make,  a  settlement  thereon,  until  thereunto  authorized  by  law. 
And  every  right,  title,  or  claim  forfeited  under  this  act  shall  be  taken  and  deemed 
to  be  vested  in  the  United  States,  without  any  other  or  further  proceedings:  Pro- 
Tided,  That  nothing  herein  contained  shall  be  construed  to  affect  the  right,  title,  or 
claim  of  any  person  to  lands  in  the  Territories  of  Orleans  or  Louisiana  before  the 
boards  of  commissioners  established  by  the  act  intituled  "An  act  for  ascertaining 
and  adjusting  the  titles  and  claims  to  land  within  the  Territory  of  Orleans  and  the 
District  of  Louisiana,"  shall  have  made  their  reports  and  the  decision  of  Congress 
been  had  thereon. 

[Section  1  of  an  act  approved  March  3rd,  1807,  perpetuated  by  sec.  5596,  Eevised 
Statutes.  ] 

The  Secretary  of  War,  upon  the  request  of  the  Secretary  of  the  Interior,  is  here 
after  authorized  and  directed  to  make  the  necessary  detail  of  troops  to  prevent  tres 
passers  or  intruders  from  entering  the  Sequoia  National  Park,  the  Yosemite  National 
Park,  and  the  General  Grant  National  Park,  respectively,  in  California,  for  the  pur 
pose  of  destroying  the  game  or  objects  of  curiosity  therein,  or  for  any  other  purpose 
prohibited  by  law  or  regulation  for  the  government  of  said  reservations,  and  to 
remove  such  persons  from  said  parks  if  found  therein.  (Act  of  Jane  6,  1900,  31  Stat. 
L.,  6 IS.) 

The  President  is  hereby  authorized  to  take  such  measures  as  shall  be  necessary  to 
remove  and  destroy  any  unlawful  inclosures  of  said  (public)  lands,  and  to  employ 
civil  or  military  force  as  may  be  necessary  for  that  purpose.  (Act  of  February  25, 1885, 
23  Stat.  L.,  321.} 


FEDEKAL    AID    IN    DOMESTIC    DISTURBANCES. 


THE    PUBLIC    HEALTH.  * 

SEC.  4792.  The  quarantines  and  other  restraints  established  by  the  health  laws  of 
any  State  respecting  any  vessels  arriving  in,  or  bound  to,  any  port  or  district  thereof, 
shall  be  duly  observed  by  the  officers  of  the  customs  revenue  of  the  United  States, 
by  the  masters  and  crews  of  the  several  revenue  cutters,  and  by  the  military  officers 
commanding  in  any  fort  or  station  upon  the  seacoast;  and  all  such  officers  of  the 
United  States  shall  faithfully  aid  in  the  execution  of  such  quarantines  and  health 
laws,  according  to  their  respective  powers  and  within  their  respective  precincts,  and  as 
they  shall  be  directed,  from  time  to  time,  by  the  Secretary  of  the  Treasury.  *  *  * 

EXTRADITION. 

SEC.  5275.  Whenever  any  person  is  delivered  by  any  foreign  government  to  an 
agent  of  the  United  States  for  the  purpose  of  being  brought  within  the  United  States 
and  tried  for  any  crime  of  which  he  is  duly  accused,  the  President  shall  have  power 
to  take  all  necessary  measures  for  the  transportation  and  safe-keeping  of  such  accused 
person,  and  for  his  security  against  lawless  violence,  until  the  final  conclusion  of  his 
trial  for  the  crimes  or  offenses  specified  in  the  warrant  of  extradition,  and  until  his 
final  discharge  from  custody  or  imprisonment  for  or  on  account  of  such  crimes  or 
offenses,  and  for  a  reasonable  time  thereafter,  and  may  employ  such  portion  of  the 
land  or  naval  forces  of  the  United  States,  or  of  the  militia  thereof,  as  may  be  neces 
sary  for  the  safe-keeping  and  protection  of  the  accused. 

NEUTRALITY. 

SEC.  5286.  Every  person  who,  within  the  territory  or  jurisdiction  of  the  United 
States,  begins  or  sets  on  foot,  or  provides  or  prepares  the  means  for,  any  military 
expedition  or  enterprise,  to  be  carried  on  from  thence  against  the  territory  or  domin 
ions  of  any  foreign  prince  or  state  or  of  any  colony,  district,  or  people  with  whom 
the  United  States  are  at  peace,  shall  be  deemed  guilty  of  a  high  misdemeanor,  and 
shall  be  fined  not  exceeding  three  thousand  dollars  and  imprisoned  not  more  than 
three  years. 

SEC.  5287.  *  *  *  In  every  case  in  which  a  vessel  is  fitted  out  and  armed,  or 
attempted  to  be  fitted  out  and  armed,  or  in  which  the  force  of  any  vessel  of  war, 
cruiser,  or  other  armed  vessel  is  increased  or  augmented,  or  in  which  any  military 
expedition  or  enterprise  is  begun  or  set  on  foot,  contrary  to  the  provisions  and  pro 
hibitions  of  this  title;  and  in  every  case  of  the  capture  of  a  vessel  within  the  juris 
diction  or  protection  of  the  United  States  as  before  defined;  and  in  every  case  in 
which  any  process  issuing  out  of  any  court  of  the  United  States  is  disobeyed  or 
resisted  by  any  person  having  the  custody  of  any  vessel  of  war,  cruiser,  or  other 
armed  vessel  of  any  foreign  prince  or  state,  or  of  any  colony,  district,  or  people,  or 
of  any  subjects  or  citizens  of  any  foreign  prince  or  state,  or  of  any  colony,  district, 
or  people,  it  shall  be  lawful  for  the  President,  or  such  other  person  as  he  shall  have 
empowered  for  that  purpose,  to  employ  such  part  of  the  land  or  naval  forces  of  the 
United  States  or  of  the  militia  thereof  for  the  purpose  of  taking  possession  of  and 
detaining  any  such  vessel,  with  her  prizes,  if  any,  in  order  to  the  execution  of  the 
prohibitions  and  penalties  of  this  title,  and  to  the  restoring  of  such  prizes  in  the  cases 
in  which  restoration  shall  be  adjudged,  and  also  for  the  purpose  of  preventing  the 
carrying  on  of  any  such  expedition  or  enterprise  from  the  territories  or  jurisdiction 
of  the  United  States  against  the  territories  or  dominions  of  any  foreign  prince  or 
state,  or  of  any  colony,  district,  or  people  with  wrhom  the  United  States  are  at  peace. 

SEC.  5288.  It  shall  be  lawful  for  the  President,  or  such  person  as  he  shall  empower 
for  that  purpose,  to  employ  such  part  of  the  land  or  naval  forces  of  the  United  States, 
or  of  the  militia  thereof,  as  shall  be  necessary  to  compel  any  foreign  vessel  to  depart 
the  United  States  in  all  cases  in  which,  by  the  laws  of  nations  or  the  treaties  of  the 
United  States,  she  ought  not  to  remain  within  the  United  States. 


ENFOKCEMENT    OF    THE    LAWS.  9 

INSURRECTION. 

SEC.  5297.  In  case  of  an  insurrection  in  any  State  against  the  government  thereof 
it  shall  be  lawful  for  the  President,  on  application  of  the  legislature  of  such  State,  or 
of  the  executive  when  the  legislature  can  not  be  convened,  to  call  forth  such  number 
ol  the  militia  of  any  other  State  or  States  which  may  be  applied  for  as  he  deems  suf 
ficient  to  suppress  such  insurrection,  or,  on  like  application,  to  employ  for  the  same 
purposes  such  part  of  the  land  or  naval  forces  of  the  United  States  as  he  deems 
necessary. 

SEC.  5298.  Whenever,  by  reason  of  unlawful  obstructions,  combinations,  or  assem 
blages  of  persons,  or  rebellion  against  the  authority  of  the  Government  of  the  United 
States,  it  shall  become  impracticable,  in  the  judgment  of  the  President,  to  enforce 
by  the  ordinary  course  of  judicial  proceedings  the  laws  of  the  United  States  within 
any  State  or  Territory,  it  shall  be  lawful  for  the  President  to  call  forth  the  militia  of 
any  or  all  the  States  and  to  employ  such  parts  of  the  land  and  naval  forces  of  the 
United  States  as  he  may  deem  necessary  to  enforce  the  faithful  execution  of  the  laws 
of_the  United  States  or  to  suppress  such  rebellion  in  whatever  State  or  Territory 
thereof  the  laws  of  the  United  States  may  be  forcibly  opposed  or  the  execution 
thereof  forcibly  obstructed. 

SEC.  5299.  Whenever  insurrection,  domestic  violence,  unlawful  combinations,  or 
conspiracies  in  any  State  so  obstructs  or  hinders  the  execution  of  the  laws  thereof 
and  of  the  United  States  as  to  deprive  any  portion  or  class  of  the  people  of  such 
State  of  any  of  the  rights,  privileges,  or  immunities  or  protection  named  in  the  Con 
stitution  and  secured  by  the  laws  for  the  protection  of  such  rights,  privileges,  or 
immunities,  and  the  constituted  authorities  of  such  State  are  unable  to  protect  or 
from  any  cause  fail  in  or  refuse  protection  of  the  people  in  such  rights,  such  facts 
shall  be  deemed  a  denial  by  such  State  of  the  equal  protection  of  the  laws  to  which 
they  are  entitled  under  the  Constitution  of  the  United  States, 'and  in  all  such  cases, 
or  whenever  any  such  insurrection,  violence,  unlawful  combination,  or  conspiracy 
opposes  or  obstructs  the  laws  of  the  United  States  or  the  due  execution  thereof,  or 
impedes  or  obstructs  the  due  course  of  justice  under  the  same,  it  shall  be  lawful  for 
the  President,  and  it  shall  be  his  duty,  to  take  such  measures,  by  the  employment 
of  the  militia  or  the  land  and  naval  forces  of  the  United  States,  or  of  either,  or  by 
other  means,  as  he  may  deem  necessary  for  the  suppression  of  such  insurrection, 
domestic  violence,  or  combinations. 

Among  the  laws  to  be  enforced  under  sections  5298  and  5299  are  the 
following: 

(1)  Section  3995,  Revised  Statutes,  which  prohibits  the  obstructing 
or  retarding  the  passage  of  the  mail,  and  all  other  laws  relating  to  the 
carrying  of  the  mails. 

(2)  The  following  sections  of  an  act  approved  July  2, 1890,  entitled: 

AN  ACT  to  protect  trade  and  commerce  against  unlawful  restraints  and  monopolies. 

SEC.  1.  Every  contract,  combination  in  the  form  of  trust  or  otherwise,  or  conspiracy 
in  restraint  of  trade  or  commerce  among  the  several  States,  or  with  foreign  nations, 
is  hereby  declared  to  be  illegal. 

Every  person  who  shall  make  any  such  contract  or  engage  in  any  such  combina 
tion  or  conspiracy  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  punished  by  fine  not  exceeding  five  thousand  dollars  or  by  impris 
onment  not  exceeding  one  year,  or  by  both  said  punishments,  in  the  discretion  of 
the  court. 

SEC.  3.  Every  contract,  combination  in  form  of  trust  or  otherwise,  or  conspiracy  in 
restraint  of  trade  or  commerce  in  any  Territory  of  the  United  States  or  of  the  District 
of  Columbia,  or  in  restraint  of  trade  or  commerce  between  any  such  Territory  and 


10  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

another,  or  between  any  such  Territory  or  Territories  and  any  State  or  States  or  the 
District  of  Columbia,  or  with  foreign  nations,  or  between  the  District  of  Columbia 
and  any  State  or  States  or  foreign  nations,  is  hereby  declared  illegal. 

Every  person  who  shall  make  any  such  contract  or  engage  in  any  such  combina 
tion  or  conspiracy  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  punished  by  fine  not  exceeding  live  thousand  dollars  or  by  impris 
onment  not  exceeding  one  year,  or  by  both  said  punishments,  in  the  discretion  of 
the  court. 

(3)  The  following  section  of  an  act  approved  July  2,  1864,  entitled: 

AN  ACT  granting  lands  to  aid  in  the  construction  of  a  railroad  and  telegraph  line  from  Lake  Superior 
to  Puget  Sound,  on  the  Pacific  coast,  by  the  northern  route. 

SEC.  11.  And  be  it  further  enacted,  That  said  Northern  Pacific  Railroad,  or  any  part 
thereof,  shall  be  a  post  route  and  a  military  road,  subject  to  the  use  of  the  United 
States  for  postal,  military,  naval,  and  all  other  Government  service,  and  also  subject 
to  such  regulations  as  Congress  may  impose  restricting  the  charges  for  such  Govern 
ment  transportation. 

(4)  The  following  section  of  an  act  approved  July  1,  1862,  entitled: 

AN  ACT  to  aid  in  the  construction  of  a  railroad  and  telegraph  line  from  the  Missouri  River  to  the 
Pacific  Ocean,  and  to  secure  to  the  Government  the  use  of  the  same  for  postal,  military,  and  other 
purposes. 

(The  Union  and  Central  Pacific  Railway  companies.) 

SEC.  6.  And  be  it  further  enacted,  That  the  grants  aforesaid  are  made  upon  condi 
tion  that  said  company  shall  pay  said  bonds  at  maturity  and  shall  keep  said  railroad 
and  telegraph  line  in  repair  and  use,  and  shall  at  all  times  transmit  dispatches  over 
said  telegraph  line,  and  transport  mails,  troops,  and  munitions  of  war,  supplies,  and 
public  stores  upon  said  railroad  for  the  Government  wThenever  required  to  do  so 
by  any  department  thereof,  and  that  the  Government  shall  at  all  times  have  the 
preference  in  the  use  of  the  same  for  all  the  purposes  aforesaid. 

(5)  The  following  sections  of  an  act  approved  July  27, 1866,  entitled: 

AN  ACT  granting  lands  to  aid  in  the  construction  of  a  railroad  and  telegraph  line  from  the  States  of 
Missouri  and  Arkansas  to  the  Pacific  coast. 

SEC.  11.  And  be  it  further  enacted,  That  said  Atlantic  and  Pacific  Railroad,  or  any 
part  thereof,  shall  be  a  post  route  and  military  road,  subject  to  the  use  of  the  United 
States  for  postal,  military,  naval,  and  all  other  Government  service,  and  also  subject 
to  such  regulations  as  Congress  may  impose  restricting  the  charges  for  such  Govern 
ment  transportation. 

SEC.  18.  And  be  it  further  enacted,  That  the  Southern  Pacific  Railroad,  a  company 
incorporated  under  the  laws  of  the  State  of  California,  is  hereby  authorized  to  con 
nect  with  the  said  Atlantic  and  Pacific  Railroad,  formed  under  this  act,  at  such  point 
near  the  boundary  line  of  the  State  of  California  as  they  shall  deem  most  suitable  for 
a  railroad  line  to  San  Francisco,  and  shall  have  a  uniform  gauge  and  rate  of  freight 
or  fare  with  said  road;  and  in  consideration  thereof,  to  aid  in  its  construction,  shall 
have  similar  grants  of  land,  subject  to  all  the  conditions  and  limitations  herein  pro 
vided,  and  shall  be  required  to  construct  its  road  on  the  like  regulations,  as  to  time 
and  manner,  with  the  Atlantic  and  Pacific  Railroad  herein  provided  for. 

SEC.  5316.  It  shall  be  unlawful  to  take  any  vessel  or  cargo  detained  under  the  pre 
ceding  section  [sec.  5315]  from  the  custody  of  the  proper  officers  of  the  customs, 
unless  by  process  of  some  court  of  the  United  States;  and  in  case  of  any  attempt 
otherwise  to  take  such  vessel  or  cargo  by  any  force,  or  combination,  or  assemblage 
of  persons  too  great  to  be  overcome  by  the  officers  of  the  customs  the  President,  or 


ENFORCEMENT    OF    THE    LAWS.  11 

such  person  as  he  shall  have  empowered  for  that  purpose,  may  employ  such  part  of 
the  Army  or  Navy  or  militia  of  the  United  States,  or  such  force  of  citizen  volunteers, 
as  may  be  necessary  to  prevent  the  removal  of  such  vessel  or  cargo  and  to  protect 
the  officers  of  the  customs  in  retaining  the  custody  thereof. 

GUANO    ISLANDS. 

SEC.  5577.  The  President  is  authorized,  at  his  discretion,  to  employ  the  land  and 
naval  forces  of  the  United  States  to  protect  the  rights  of  the  discoverer  [of  a  guano 
island]  or  of  his  widow,  heir,  executor,  administrator,  or  assigns. 

Officers  of  the  Army  will  not  permit  troops  under  their  command 
to  be  used  to  aid  the  civil  authorities  as  a  posse  comitatus,  or  in  execu 
tion  of  the  laws,  except  as  provided  in  the  foregoing  paragraph. 
(565,  Army  Regulations,  1901.) 

If  ti-me  will  admit,  applications  for  the  use  of  troops  for  such  pur 
poses  must  be  forwarded,  with  statements  of  all  material  facts,  for  the 
consideration  and  action  of  the  President;  but  in  case  of  sudden  and 
unexpected  invasion,  insurrection,  or  riot,  endangering  the  public 
property  of  the  United  States,  or  in  case  of  attempted  or  threatened 
robbery  or  interruption  of  the  United  States  mails,  or  other  equivalent 
emergency  so  imminent  as  to  render  it  dangerous  to  await  instructions 
requested  through  the  speediest  means  of  communication,  an  officer  of 
the  Army  may  take  such  action  before  the  receipt  of  instructions  as 
the  circumstances  of  the  case  and  the  law  under  which  he  is  acting 
ma}7  justify,  and  will  promptly  report  his  action  and  the  circumstances 
requiring  it  to  the  Adjutant-General  of  the  Army  by  telegraph,  if 
possible,  for  the  information  of  the  President.  (566,  Army  Regulations, 
1901.) 

In  the  enforcement  of  the  laws,  troops  are  employed  as  a  part  of  the 
military  power  of  the  United  States  and  act  under  the  orders  of  the 
President  as  Commander  in  Chief.  They  can  not  be  directed  to  act 
under  the  orders  of  any  civil  officer.  The  commanding  officers  of 
troops  so  employed  are  directly  responsible  to  their  military  superiors. 
Any  unlawful  or  unauthorized  act  on  their  part  would  not  be  excusable 
on  the  ground  of  an  order  or  request  received  by  them  from  a  marshal 
or  any  other  civil  officer.  (567,  Army  Regulations,  1901.) 

Troops  called  into  action  against  a  mob  forcibly  resisting  or  obstruct 
ing  the  execution  of  the  laws  of  the  United  States  or  attempting  to 
destroy  property  belonging  to  or  under  the  protection  of  the  United 
States  are  governed  by  the  general  regulations  of  the  Army  and  apply 
military  tactics  in  respect  to  the  manner  in  which  the}7  shall  act  to 
accomplish  the  desired  end.  It  is  purely  a  tactical  question  in  what 
manner  they  shall  use  the  weapons  with  which  they  are  armed — whether 
by  fire  of  musketry  and  artillery  or  by  the  use  of  the  bayonet  and 
saber,  or  by  both,  and  at  what  stage  of  the  operations  each  or  either 
mode  of  attack  shall  be  employed.  This  tactical  question  will  be 


12  FEDEKAL    AID    IN    DOMESTIC    DISTURBANCES. 

decided  by  the  immediate  commander  of  the  troops,  according  to  his 
judgment  of  the  situation.  The  tire  of  troops  should  be  withheld  until 
timely  warning  has  been  given  to  the  innocent  who  may  be  mingled 
with  the  mob.  Troops  must  never  fire  into  a  crowd  unless  ordered  by 
their  commanding  officer,  except  that  single  selected  sharpshooters 
may  shoot  down  individual  rioters  who  have  fired  upon  or  thrown 
missiles  at  the  troops.  As  a  general  rule  the  bayonet  alone  should  be 
used  against  mixed  crowds  in  the  first  stages  of  a  revolt.  But  as  soon 
as  sufficient  warning  has  been  given  to  enable  the  innocent  to  separate 
themselves  from  the  guilty,  the  action  of  the  troops  should  be  gov 
erned  solely  by  the  tactical  considerations  involved  in  the  duty  they 
are  ordered  to  perform.  They  should  make  their  blows  so  effective 
as  to  promptly  suppress  all  resistance  to  lawful  authority,  and  should 
stop  the  destruction  of  life  the  moment  lawless  resistance  has  ceased. 
Punishment  belongs,  not  to  the  troops,  but  to  the  courts  of  justice. 
(568,  Army  Regulations,  1901.) 


FEDERAL  AID  IN  DOMESTIC  DISTURBANCES. 


I.  THE  CONSTITUTIONAL  GUARANTY:  ITS  HISTORY. 

SHAYS'S  REBELLION— THE   FEDERAL  CONVENTION-THE   VIRGINIA   CONVENTION— THE 
PENNSYLVANIA  CONVENTION. 


The  convention  to  frame  a  Constitution  for  the  Government  of  the 
United  States,  which  met  at  Philadelphia  on  the  14th  of  May,  1787, 
was  confronted  by  a  multitude  of  conditions  such  as  had  never  before 
been  experienced  by  a  similar  body  in  the  history  of  popular  govern 
ment.  For  their  proposed  undertaking  there  was  no  precedent  and 
scarcely  an  analogy.  The  Revolution  had  settled  as  a  fundamental 
principle  that  all  sovereignt}7  resides  originally  in  the  people,  and 
that  consequently  no  powers  nor  privileges  must  be  permitted  to 
exist  in  any  portion,  class,  or  section  of  the  people  that  does  not  exist 
in  the  whole.  The  spectacle  was  presented  of  thirteen  State  govern 
ments,  each  independent  of  the  other,  but  each  so  dependable  upon 
the  other  that  it  were  madness  to  hope  to  stand  alone.  None  of  them 
possessed  any  standing  military  forces;  their  militia  was  unorganized 
and  uncertain;  none  could  call  upon  its  neighbor  for  assistance  in 
repelling  an  invasion  or  suppressing  an  insurrection,  for  the  neighbor 
had  nothing  but  its  militia  to  offer,  and  the  militia  would  not  have 
obeyed  the  summons  had  it  been  issued;  nor  could  any  of  them  call 
upon  the  Federal  Government  for  aid  in  such  emergency  with  any- 
certainty  of  success.  The  chances  were  against  it.  That  the  States 
were  in  danger  had  been  conspicuously  demonstrated  in  Massachusetts 
but  a  few  months  before  the  assembling  of  the  convention. 

The  legislature  of  that  State  had  imposed  customs  and  revenue 
duties  for  the  purpose  of  raising  a  revenue  sufficient  to  meet  the 
interest  on  the  State  debt.  To  a  people  just  emerging  from  a  long 
and  distressing  war,  already  exhausted  with  public  and  private  debts, 

this  additional    burden  served    to  exasperate   to  the 
'   verffe  of  resistance.     The  courts,  unable  to  enforce 

their  judgments,  appealed  to  the  governor,  and  the 
latter,  after  unsuccessful  efforts  to  pacify  the  malcontents,  called  out 
the  militia.  The  Congress  (October,  1786),  fearing  the  seizure  of  the 

13 


14  FEDERAL    AID    IN    DOMESTIC    DISTURB ANCES. 

Government  armory  at  Springfield,  voted  the  enlistment  of  1,300  men, 
but  before  these  troops  could  be  raised  the  insurrection  had  broken 
out.  On  the  5th  of  December  a  body  of  something  over  a  thousand 
men,  under  the  command  of  one  Daniel  Shays,  who  had  been  a  captain 
in  the  Continental  Army,  took  possession  of  Worcester,  and  twenty 
days  later  of  Springfield.  Other  thousands  hurried  to  their  support, 
and  by  the  1st  of  January,  1787,  the  insurrection  had  reached  so  for 
midable  a  state  that  the  governor  was  compelled  to  increase  his  militia 
force  to  nearly  5,000.  Of  this  number  the  orders  for  embodiment 
called  for  TOO  from  Suffolk  County,  500  from  Essex,  800  from  Middle 
sex,  1,200  from  Hampshire,  and  1,200  from  Worcester;  two  compa 
nies  of  artillery  to  be  raised  in  Suffolk  and  two  in  Middlesex;  the 
troops  from  the  three  eastern  counties  to  rendezvous  at  Boston  on  the 
19th  of  January;  those  from  Hampshire  at  Springfield  on  the  isth; 
those  from  Worcester  to  join  the  troops  from  the  eastern  counties  at 
Worcester;  the  whole  to  be  raised  for  thirty  days  unless  sooner  dis 
charged.  The  command  of  the  entire  force  was  given  to  Maj.  Gen. 
Benjamin  Lincoln,  an  officer  of  distinction  and  high  reputation  during 
the  war  of  the  Revolution,  to  whom  was  given  the  following  orders: 

BOSTON,  January  JO,  1787. 

SIR:  You  will  take  the  command  of  the  militia,  detached  in  obedience  to  my 
orders  of  the  4th  instant.  The  great  objects  to  be  effected  are  to  protect  the  judicial 
courts,  particularly  those  next  to  be  holden  in  the  county  of  Worcester,  if  the  justices 
of  the  said  courts  should  request  your  aid;  to  assist  the  civil  magistrates  in  executing 
the  laws,  and  in  repelling  or  apprehending  all  and  every  such  person  and  persons  as 
shall  in  a  hostile  manner  attempt  or  enterprise  the  destruction,  detriment,  or  annoy 
ance  of  this  Commonwealth,  and  also  to  aid  them  in  apprehending  the  disturbers  of 
the  public  peace,  as  well  as  all  such  persons  as  may  be  named  in  the  State  warrants 
that  have  been  or  shall  be  committed  to  any  civil  officer  or  officers,  or  to  any  other 
person,  to  execute. 

If  to  these  important  ends  the  militia  already  ordered  out  should,  in  your  opinion, 
be  incompetent  you  will  call  on  the  major-generals  for  further  and  effectual  aid,  and 
if  you  can  rely  on  their  attachment  to  Government  you  will,  in  the  first  instance, 
call  on  the  militia  in  the  neighborhood  of  your  camp. 

I  can  not  minutely  point  out  to  you  the  particular  line  you  shall  pursue  in  execut 
ing  these  orders,  but  would  observe,  in  general,  that  if,  to  answer  the  aforesaid  valu 
able  purposes,  you  should  judge  it  necessary  to  march  a  respectable  force  through 
the  western  counties  you  will  in  that  case  do  it.  This  would  give  confidence  to  the 
well  affected,  would  aid  and  protect  the  civil  officers  in  executing  their  duty,  and 
would  convince  the  misguided  of  the  abilities  of  Government  and  its  determination 
to  pursue  every  legal  and  constitutional  measure  for  restoring  peace  and  order  to  the 
Commonwealth . 

You  are  to  consider  yourself  in  all  your  military  offensive  operations  constantly  as 
under  the  direction  of  the  civil  officer,  saving  where  any  armed  force  shall  appear 
and  oppose  your  marching  to  execute  these  orders. 

That  I  may  be  fully  acquainted  with  all  the  proceedings  of  the  armed  force  under 
your  command  and  with  all  matters  that  respect  the  great  objects  to  be  effected,  you 
will  please  to  give  me  regular  information  by  every  post,  and  for  immediate  and 
necessary  intelligence  you  will  order  the  quartermaster-general  to  provide  the 
necessary  expresses. 


THE    CONSTITUTIONAL    CONVENTION,   1787.  15 

On  these  attempts  to  restore  system  and  order  I  wish  the  smiles  of  Heaven,  and 
that  you  may  have  an  agreeable  command,  the  most  perfect  success,  and  a  speedy 
and  safe  return;  and  am,  with  much  esteem, 
Sir,  your  most  obedient  servant, 

JAMES  BOWDOIN. 
Hon.  Major-General  LINCOLN. 

On  the  25th  of  January  Shays  appeared  before  the  arsenal  at 
Springfield  and  demanded  its  surrender.  This  being  refused,  he  pro 
ceeded  to  assault  it,  but  his  men,  frightened  at  the  sight  of  the  cannon 
with  which  the  commandant  confronted  them,  and  which  he  twice 
discharged  over  their  heads,  broke  and  fled  in  confusion.  Two  days 
later  General  Lincoln  arrived  at  Springfield  with  a  strong  body  of 
troops,  and  the  insurgents  dispersed.  Some  of  the  leaders  were 
captured,  tried,  and  sentenced  to  death,  but  none  were  executed, 
inasmuch  as  the  great  mass  of  the  people  sympathized  with  them  or 
their  cause/' 

A  year  or  two  earlier  Congress  itself  had  been  threatened  by  a  body 
of  some  eighty  discharged  Pennsylvania  soldiers  of  the  Continental 
Army  who  had  marched  to  Philadelphia,  demanding  a  settlement  of 
their  accounts,  and,  "drawn  up  in  line  in  the  street  before  the  state- 
house,  had  uttered  offensive  words  and  wantonly  pointed  their  muskets 
to  the  windows  of  the  Hall  of  Congress. "6  It  had  been  proposed  to 
call  upon  the  executive  of  Penns}dvania  for  aid  in  suppressing  this 
mutiny,  but  that  gentleman  had  expressed  his  doubt  as  to  the  willing 
ness  of  the  militia  of  Philadelphia  to  take  arms  in  the  matter  and 
thought  it  might  hazard  the  authority  of  government  to  make  the 
attempt.  The  Secretary  of  War  was  absent  in  Virginia,  and  General 
St.  Clair,  who  interviewed  the  mutinous  troops,  gave  no  encourage 
ment.  In  this  emergency  the  presiding  officer  adjourned  the  Congress 
to  meet  at  Trenton,  thus  virtually  fleeing  from  danger,  when  the  muti 
neers  submitted  and  accepted  the  promise  of  Congress  to  take  furloughs 
and  await  its  pleasure.  Again,  while  Congress  was  listening  to  the 
news  from  the  Massachusetts  insurrection,  intelligence  came  that  the 
Indian  tribes  on  the  frontier  were  becoming  hostile  and  that  the  settle 
ments  were  threatened.  On  the  30th  of  October,  1786,  a  resolve  had 
been  adopted  calling  upon  New  Hampshire,  Massachusetts,  Rhode 
Island,  and  Connecticut  for  a  force  of  1,3^0  additional  troops  to  serve 
for  three  years,  but  so  slowly  and  grudgingly  was  this  requisition 
being  honored  that  Congress  recalled  it  on  the  19th 

The  Constitutional  . " 

convention,       or  February,  1787,  despite  the  assurances  or  the  Mas 
sachusetts  members  that  the  men  would  be  furnished. 
In  fact,  so  indisposed  were  certain  classes  of  the  people  to  recognize 
the  Federal  Congress  as  empowered  to  interfere  in  case  of  a  rebellion 

«Minot's  History  of  the  Insurrection  in  Massachusetts,  Boston,  1810. 
&  Journals  of  Congress,  June  19-21,  1783. 


16  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

in  any  State  that  their  numbers  in  New  England  alone  were  estimated 
at  from  12,000  to  15,000  able-bodied  men." 

It  was  under  these  circumstances  and  with  an  appreciation  of  these 
conditions  that  the  convention  assembled  on  the  14th  of  May,  1787. 
"The  f miners  of  the  Constitution  assembled  for  their  work,11  says 
Mr.  George  Ticknor  Curtis,  in  his  admirable  History  of  the  Consti 
tution,  "  amidst  difficulties  and  embarrassments  of  an  extraordinary 
nature.  No  general  concert  of  opinion  had  taken  place  as  to  what 
was  best,  or  even  as  to  what  was  possible  to  be  done.  Whether  it 
were  wise  to  hold  a  convention;  whether  it  were  even  legal  to  hold  it, 
and  whether,  if  held,  it  would  be  likely  to  result  in  anything  useful 
to  the  country,  were  points  upon  which  the  most  opposite  opinions 
prevailed  in  every  State  of  the  Union.'1  Among  the  many  complex 
and  embarrassing  subjects  the  convention  was  called  upon  to  consider, 
there  was  none  more  serious  or  more  important  than  that  of  providing 
for  the  common  defense.  There  must  be  no  standing  army — on  that 
head  there  was  no  disagreement — but  the  right  of  the  Federal  legis 
lature  to  maintain  a  standing  army,  even  in  time  of  peace,  was  one 
that  should  never  be  abandoned.  The  militia  had  fought  and  won  the 
conflict;  in  a  well-regulated  militia  lay  the  best  guaranty  of  liberty, 
but  the  militia  system  presented  the  only  defense  and  protection 
which  the  States  could  have  for  the  security  of  their  rights  against 
encroachments  of  a  general  government,  and  it  should  never  be  placed 
under  the  power  of  the  Federal  legislature.  On  this  the  debate  was 
long  and  sometimes  bitter,  but  the  conclusion  was  emphatic.  The 
power  to  raise  armies,  to  organize  and  call  out  and  govern  the 
militia,  when  in  the  service  of  the  United  States,  was  deliberately  and 
decisively  given  to  Congress.  This  is  perhaps  to  anticipate,  but  is 
essential  to  our  purpose. 

It  having  been  agreed  that  Virginia,  which  had  originated  the  con 
vention,  should  propose  the  method  of  its  proceeding,  Mr.  Randolph, 
of  that  State,  on  the  29th  of  May  presented  a  series  of  tifteen  resolu 
tions  looking  to  the  "common  defense,  security  of  liberty,  and  general 
welfare"  of  the  people  of  the  United  States.  Among  these  resolu 
tions,  and  numbered  eleven  in  his  schedule,  was  one  which  looked  to 
the  necessity  for  a  guaranty  to  the  States  of  a  form  of  government 
that  should  rest  on  the  foundation  of  popular  sovereignty.  It  read 
thus: 

11.  Resolved,  That  a  republican  government,  and  the  territory  of  each  State,  except 
in  the  instance  of  a  voluntary  junction  of  government  and  territory,  ought  to  be  guar 
anteed  by  the  United  States  to  each  State. 

In  the  debate  upon  these  resolutions  section  11  came  up  in  regular 
order  on  the  5th  of  June,  when  it  was  agreed  to  postpone  considera 
tion  to  a  future  date.  That  date  was  reached  on  the  llth  of  that  month, 


«Curtis's  History  of  the  Constitution,  vol.  1,  p.  273. 


THE    CONSTITUTIONAL    CONVENTION,    1787.  17 

"when  it  was  moved  and  seconded  to  amend  the  eleventh  resolution 
submitted  by  Mr.  Randolph  by  adding  the  words  'voluntary  junction 
or  partition.'  Passed  in  the  affirmative."  On  this  question  Massachu 
setts,  New  York,  Pennsylvania,  Virginia,  North  Carolina,  South  Caro 
lina,  and  Georgia  voted  in  the  affirmative;  Connecticut,  New  Jersey, 
Delaware,  and  Maryland  in  the  negative.  A  subsequent  motion  to  add 
the  words  ' '  national  government "  was  carried  by  a  similar  vote.  Some 
desultory  debate  followed  when,  upon  the  motion  of  Mr.  Madison,  the 
eleventh  resolution  was  amended  to  read  as  follows,  and,  on  the  question 
to  agree  to  the  same,  it  passed  unanimously: 

Resolved,  That  a  republican  constitution,  and  its  existing  laws,  ought  to  be  guaran 
teed  to  each  State  by  the  United  States. 

On  the  19th  of  June  the  committee  of  the  whole  house  reported  the 
state  of  the  Randolph  resolutions  as  altered,  amended,  and  agreed  to, 
and  in  this  report  the  eleventh  resolution  became  the  sixteenth.  When 
the  resolution  was  reached  on  the  18th  of  July,  the  following  debate 
ensued: 

Mr.  Gouverneur  Morris  thought  the  resolution  very  objectionable. 
He  should  be  very  unwilling  that  such  laws  as  exist  in  Rhode  Island 
should  be  guaranteed. 

Mr.  WILSON.  The  object  is  merely  to  secure  the  States  against  dan 
gerous  commotions,  insurrections,  and  rebellions. 

Colonel  MASON.  If  the  General  Government  should  have  no  right  to 
suppress  rebellions  against  particular  States,  it  will  be  in  a  bad  situa 
tion  indeed.  As  rebellions  against  itself  originate  in  and  against  indi 
vidual  States,  it  must  remain  a  passive  spectator  of  its  own  subversion. 

Mr.  RANDOLPH.  The  resolution  has  two  objects:  First,  to  secure  a 
republican  government;  secondly,  to  suppress  domestic  commotions. 

He  urged  the  necessity  of  both  these  provisions." 

Mr.  Madison  moved  to  substitute  ''that  the  constitutional  authority 
of  the  States  shall  be  guaranteed  to  them,  respectively,  against  domestic 
as  well  as  foreign  violence." 

Dr.  M'Clurg  seconded  the  motion. 

Mr.  Houston  .was  afraid  of  perpetuating  the  existing  constitutions 
of  the  States.  That  of  Georgia  was  a  very  bad  one,  and  he  hoped  would 
be  revised  and  amended.  It  may  also  be  difficult  for  the  General 
Government  to  decide  between  contending  parties,  each  of  which  claim 
the  sanction  of  the  Constitution. 

Mr.  L.  Martin  was  for  leaving  the  States  to  suppress  rebellions 
themselves. 

Mr.  Gorham  thought  it  strange  that  a  rebellion  should  be  known  to 
exist  in  the  empire  and  the  General  Government  should  be  restrained 
from  interposing  to  subdue  it.  At  this  rate  an  enterprising  citizen 
might  erect  the  standard  of  monarchy  in  a  particular  State;  might 

S.  Doc.  209 2 


18  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

gather  together  partisans  from  all  quarters;  might  extend  his  views 
from  State  to  State,  and  threaten  to  establish  a  tyranny  over  the  whole, 
and  the  General  Government  be  compelled  to  remain  an  inactive  wit 
ness  of  its  own  destruction.  With  regard  to  different  parties  in  a 
State,  as  long  as  they  confine  their  disputes  to  words  they  will  be 
harmless  to  the  General  Government  and  to  each  other.  If  they 
appeal  to  the  sword,  it  will  then  be  necessary  for  the  General  Govern 
ment,  however  difficult  it  may  be  to  decide  on  the  merits  of  their  con 
test,  to  interpose  and  put  an  end  to  it. 

Mr.  CARROLL.  Some  such  provision  is  essential.  Every  State  ought 
to  wish  for  it.  It  has  been  doubted  whether  it  is  a  casus  foederis  at 
present;  and  no  room  ought  to  be  left  for  such  a  doubt  hereafter. 

Mr.  Randolph  moved  to  add,  as  an  amendment  to  the  motion,  ";and 
that  no  State  be  at  liberty  to  form  any  other  than  a  republican 
government." 

Mr.  Madison  seconded  the  motion. 

Mr.  Rutledge  thought  it  unnecessary  to  insert  any  guaranty.  No 
doubt  could  be  entertained  but  that  Congress  had  the  authorit}T,  if 
they  had  the  means,  to  cooperate  with  any  State  in  subduing  a  rebel 
lion.  It  was  and  would  be  involved  in  the  nature  of  the  thing. 

Mr.  Wilson  moved,  as  a  better  expression  of  the  idea,  "that  a 
republican  form  of  government  shall  be  guarantied  to  each  State;  and 
that  each  State  shall  be  protected  against  foreign  and  domestic 
violence." 

This  seeming  to  be  well  received,  Mr.  Madison  and  Mr.  Randolph 
withdrew  their  propositions,  and,  on  the  question  for  agreeing  to  Mr. 
Wilson's  motion,  it  passed,  nem.  con. 

Adjourned. 

On  the  26th  of  July  all  the  proceedings  of  the  convention  were 
referred  to  a  committee  of  detail,  consisting  of  Messrs.  Rutledge,  Ran 
dolph,  Gorham,  Ellsworth,  and  Wilson,  for  the  purpose  of  reporting 
a  constitution,  and  the  convention  adjourned  until  the  6th  of  August 
that  the  committee  might  have  time  to  prepare  and  report.  On  the 
latter  date  Mr.  Rutledge,  from  the  committee,  delivered  its  report,  and 
in  their  report  our  resolution  appears  as  Article  XVIH  in  the  follow 
ing  language: 

ART.  XVIII.  The  United  States  shall  guarantee  to  each  State  a  republican  form  of 
government;  and  shall  protect  each  State  against  foreign  invasions,  and,  on  the 
application  of  its  legislature,  against  domestic  violence. 

On  the  regular  order,  Article  XVIII  came  up  on  the  30th  of  August. 
By  this  time  the  question  of  an  army  and  the  organization  and  disci 
plining  of  the  militia  had  been  disposed  of.  In  his  famous  letter  of 
January  27,  1788,  Mr.  Luther  Martin,  attorney-general  of  Maryland 
and  one  of  its  delegates  to  the  convention,  remarking  upon  this  feature 
of  its  proceedings,  has  said: 


THE    CONSTITUTIONAL    CONVENTION,    1787.  19 

I  took  the  sense  of  the  convention  on  a  proposition  by  which  the  Congress  should 
not  have  power,  in  time  of  peace,  to  keep  embodied  more  than  a  certain  number  of 
regular  troops,  that  number  to  be  ascertained  by  what  should  be  considered  a 
respectable  peace  establishment,  This  proposition  was  rejected  by  a  majority,  it 
being  their  determination  that  the  power  of  Congress  to  keep  up  a  standing  army, 
even  in  peace,  should  only  be  restrained  by  their  will  and  pleasure.  This  section 
proceeds,  further,  to  give  a  power  to  the  Congress  to  provide  for  the  calling  forth 
the  militia  to  execute  the  laws  of  the  Union,  suppress  insurrections,  and  repel  inva 
sions.  As  to  giving  such  a  power  there  was  no  objection;  but  it  was  thought  by 
some  that  this  power  ought  to  be  given  with  certain  restrictions.  It  was  thought 
that  not  more  than  a  certain  part  of  the  militia  of  any  one  State  ought  to  be  obliged 
to  march  out  of  the  same,  or  be  employed  out  of  the  same,  at  any  one  time,  without 
the  consent  of  the  legislature  of  such  State.  This  amendment  I  endeavored  to 
obtain;  but  it  met  with  the  same  fate  which  attended  almost  every  attempt  to  limit 
the  powers  given  to  the  General  Government  and  constitutionally  to  guard  against 
their  abuse.  It  was  not  adopted.  As  it  now  stands,  the  Congress  will  have  the  power, 
if  they  please,  to  march  the  whole  militia  of  Maryland  to  the  remotest  part  of  the 
Union,  and  keep  them  in  service  as  long  as  they  think  proper,  without  being  in  any 
respect  dependent  upon  the  government  of  Maryland  for  this  unlimited  exercise  of 
power  over  its  citizens — all  of  whom,  from  the  lowest  to  the  greatest,  may,  during 
such  service,  be  subjected  to  military  law,  and  tied  up  and  whipped  at  the  halbert, 
like  the  meanest  of  slaves. 

This  explains  the  debate  of  the  30th  of  August  on  this  section. 
There  was  an  evident  disinclination  to  limit  the  powers  of  the  General 
Government,  whatever  opinions  might  exist  as  to  the  expediency  of 
exercising  them.  The  Massachusetts  insurrection  was  yet  fresh  in 
mind,  and  the  refusal  of  Rhode  Island  to  enter  the  convention  was 
still  unpardoned. 

Article  XVIII  being  taken  up,  the  word  '"foreign"  was  stricken 
out.  nem.  con.,  as  superfluous,  being  implied  in  the  term  u  invasion." 

Mr.  Dickinson  moved  to  strike  out  ;ion  the  application  of  its  legis 
lature,  against.'1  He  thought  it  of  essential  importance  to  the  tran 
quillity  of  the  United  States  that  they  should  in  all  cases  suppress 
domestic  violence,  which  may  proceed  from  the  State  legislature  itself, 
or  from  disputes  between  the  two  branches,  where  such  exist. 

Mr.  Dayton  mentioned  the  conduct  of  Rhode  Island,  as  showing  the 
necessity  of  giving  latitude  to  the  power  of  the  United  States  on  this 
subject. 

On  the  question — New  Jersey,  Pennsylvania,  Delaware,  aye,  3;  New 
Hampshire,  Massachusetts,  Connecticut,  Maryland,  Virginia,  North 
Carolina,  South  Carolina,  Georgia,  no,  8. 

On  a  question  for  striking  out  ''domestic  violence"  and  inserting 
"insurrection,"  it  passed  in  the  negative. 

New  Jersey,  Virginia,  North  Carolina,  South  Carolina,  Georgia, 
aye,  5;  New  Hampshire,  Massachusetts,  Connecticut,  Pennsylvania, 
Delaware,  Maryland,  no,  6. 

Mr.  Dickinson  moved  to  insert  the  words  "or  executive"  after  the 
words  '"application  of  its  legislature."  The  occasion  itself,  he 
remarked,  might  hinder  the  legislature  from  meeting. 


20  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

On  this  question — New  Hampshire,  Connecticut,  New  Jersey,  Penn 
sylvania,  Delaware,  North  Carolina,  South  Carolina,  Georgia,  aye,  8; 
Massachusetts,  Virginia,  no,  2;  Maryland  divided. 

Mr.  L.  Martin  moved  to  subjoin  to  the  last  amendment  the  words 
"in  the  recess  of  the  legislature."  On  which  question  Maryland 
only,  aye. 

On  the  question  on  the  last  clause  as  amended — New  Hampshire, 
Massachusetts,  Connecticut,  New  Jersey,  Pennsylvania,  Virginia, 
North  Carolina,  South  Carolina,  Georgia,  aye,  9;  Delaware,  Mary 
land,  no,  2. 

The  revised  draft  was  reported  from  the  committee  on  style  on  the 
12th  of  September,  and  in  this  revision  Article  XVIII  became  Article 
IV,  section  4,  and  it  now  read: 

SECTION  4.  The  United  States  shall  guaranty  to  every  State  in  this  Union  a  repub 
lican  form  of  government,  and  shall  protect  each  of  them  against  invasion;  and,  on 
application  of  the  legislature  or  executive,  against  domestic  violence. 

Again,  on  the  15th  of  September,  the  section  having  been  reached 
in  the  final  consideration  of  the  whole,  Mr.  Geary  moved  to  insert 
after  the  word  "executive"  the  words  "when  the  legislature  can  not 
be  convened,"  and  in  this  form  it  was  engrossed: 

SECTION  4.  The  United  States  shall  guarantee  to  every  State  in  this  Union  a  repub 
lican  form  of  government,  and  shall  protect  each  of  them  against  invasion;  and  on 
application  of  the  legislature,  or  of  the  executive  (when  the  legislature  can  not  be 
convened)  against  domestic  violence/' 

The  Constitution  had  now  been  framed  and  signed  by  the  members 
of  the  convention.  It  had  yet  to  run  the  gauntlet  of  the  States,  three- 
fourths  of  whom  were  required  to  approve  it.  There  were  serious 
fears  that  this  number  was  not  to  be  gained.  Rhode  Island  had  not 
participated  in  the  convention  at  all,  and  could  not  be  expected  to 
ratify  it;  New  York  had  not  been  represented  for  some  weeks,  and 
a  majority  of  her  delegates  were  known  to  be  hostile  to  it;  it  was  boldly 
asserted  that  Maryland  and  at  least  two  other  States  would  reject  it. 
There  was  a  large  body  of  the  people  throughout  the  country  who 
exhibited  violent  opposition  to  it,  and  in  their  opposition  the  shadow 
of  a  standing  army  formed  no  inconsiderable  part.  Many  believed  with 
Patrick  Henry,  of  Virginia,  that  to  give  Congress  the  power  to  enforce 
the  laws  by  military  coercion  whenever  the  civil  power  fails  would  be 
to  permit  Congress  to  disregard  the  civil  power  altogether  if  it  saw 
fit,  or  to  declare  that  the  civil  authorities  were  powerless  as  an  excuse 
for  bringing  in  the  troops;  or,  with  Mr.  George  Mason,  that  the  meet 
ing  of  three  or  four  persons  might  be  called  an  insurrection  and  the 
militia  called  out  to  disperse  them.  But  these  fears  were  fortunately 

« Madison  Papers:  (vol.  5  of  Elliot's  Debates)  pp.  130,  132,  332,  378,  379,  437,  467, 
497,  535,  561. 


THE    VIRGINIA    CONVENTION,  1788.  21 

unfounded.  Within  four  months  Connecticut,  New  Jersey,  Pennsyl 
vania,  Delaware,  and  Georgia  had  ratified  the  Constitution  without 
the  slightest  objection;  Massachusetts,  Maryland,  and  South  Carolina 
followed,  and  when  on  the  21st  of  June  New  Hampshire  added  her 
voice  all  opposition  ceased  and  Virginia  and  New  York  hastened  to 
record  their  assent. 

Of  all  the  States  whose  ratification  was  essential  to  the  adoption  of 

the  Constitution,  Virginia  alone,  by  the  preservation  of  her  debates, 

has  enabled  us  to  learn  the  character  of  the  objections  that  had  most 

weight   among   the   opposition.     Inferentially,  the  letter  of  Luther 

Martin  and  those   of  "Publius"   wherein   Hamilton. 

The  Virginia 

convention,  Madison,  and  Jay  successfully  combated  the  popu 
lar  prejudices,  point  out  the  nature  of  the  arguments 
that  were  advanced  with  more  of  less  reason  against  it  [the  Feder 
alist]',  but  it  is  to  the  Virginia  convention  that  we  are  limited  for  their 
expression.  Here  the  opposition,  led  by  Patrick  Henry,  Richard  Henry 
Lee,  Benjamin  Harrison,  John  Tyler,  and  George  Mason,  with  others 
of  lesser  note,  was  confronted  by  Madison,  Chief  Justice  Marshall,  with 
what  Mr.  Curtis  calls  "the  almost  overshadowing  influence  of  Wash 
ington"  opposed  to  the  uncertain  position  of  Jefferson.  It  is,  there 
fore,  to  the  Virginia  convention  that  we  must  look  for  the  best,  if  the 
only,  expression  of  the  grounds  for  objection  to  the  proposed  method 
of  suppressing  insurrection  in  the  new  Republic. 

Mr.  Clay  wished  to  be  informed  why  the  Congress  were  to  have 
power  to  provide  for  calling  forth  the  militia  to  put  the  laws  of  the 
Union  into  execution. 

Mr.  Madison  supposed  the  reasons  of  this  power  to  be  so  obvious 
that  they  would  occur  to  most  gentlemen.  If  resistance  should  be 
made  to  the  execution  of  the  laws,  he  said,  it  ought  to  be  overcome. 
This  could  be  done  only  in  two  ways — either  by  regular  forces  or  by 
the  people.  By  one  or  the  other  it  must  unquestionably  be  done.  If 
insurrections  should  arise  or  invasions  should  take  place  the  people 
ought  unquestionably  to  be  employed  to  suppress  and  repel  them, 
rather  than  a  standing  army.  The  best  way  to  do  these  things  was  to 
put  the  militia  on  a  good  and  sure  footing  and  enable  the  Government 
to  make  use  of  their  services  when  necessary. 

Mr.  GEORGE  MASON.  Mr.  Chairman,  unless  there  be  some  restric 
tions  on  the  power  of  calling  forth  the  militia  to  execute  the  laws  of 
the  Union,  suppress  insurrections,  and  repel  invasions,  -we  may  very 
easily  see  that  it  will  produce  dreadful  oppressions.  It  is  extremely 
unsafe  without  some  alterations.  It  would  be  to  use  the  militia  to  a 
very  bad  purpose,  if  any  disturbance  happened  in  New  Hampshire  to 
call  them  from  Georgia.  This  would  harass  the  people  so  much  that 


22  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

they  would  agree  to  abolish  the  use  of  the  militia  and  establish  a 
standing  army.  I  conceive  the  General  Government  ought  to  have 
power  over  the  militia,  but  it  ought  to  have  some  bounds.  If  gentle 
men  say  that  the  militia  of  a  neighboring  State  is  not  sufficient  the 
Government  ought  to  have  power  to  call  forth  those  of  other  States, 
the  most  convenient  and  contiguous.  But  in  this  case  the  consent  of 
the  State  legislature  ought  to  be  had.  On  rc<if  emergencies  this  con 
sent  will  never  be  denied,  each  State  being  concerned  in  the  safety  of 
the  rest.  This  power  may  be  restricted  without  any  danger.  1  wish 
such  an  amendment  as  this— that  the  militia  of  any  State  should  not 
be  marched  beyond  the  limits  of  the  adjoining  State;  and  if  it  be  nec 
essary  to  draw  them  from  one  end  of  the  continent  to  the  other  I 
wish  such  a  check — as  the  consent  of  the  State  legislature — to  be  pro 
vided. 

There  are  various  ways  of  destroying  the  militia.  A  standing  army 
may  be  perpetually  established  in  their  stead.  I  abominate  and  detest 
the  idea  of  a  government  where  there  is  a  standing  army.  The  militia 
may  be  here  destroyed  by  that  method  which  has  been  practiced  in 
other  parts  of  the  world  before;  that  is,  by  rendering  them  useless— 
by  disarming  them.  Under  various  pretenses  Congress  may  neglect 
to  provide  for  arming  and  disciplining  the  militia;  and  the  State  gov 
ernments  can  not  do  it,  for  Congress  has  an  exclusive  right  to  arm 
them,  etc.  Should  the  National  Government  wish  to  render  the  mili 
tia  useless  they  may  neglect  them,  and  let  them  perish  in  order  to 
have  a  pretense  of  establishing  a  standing  army. 

Mr.  MADISON.  Mr.  Chairman,  I  most  cordially  agree  with  the  hon 
orable  member  last  up  that  a  standing  army  is  one  of  the  greatest 
mischiefs  that  can  possibly  happen.  It  is  a  great  recommendation  for 
this  system,  that  it  provides  against  this  evil  more  than  any  other  sys 
tem  known  to  us,  and  particularly  more  than  the  old  system  of  confed 
eration.  The  most  effectual  wa}'  to  guard  against  a  standing  army  is 
to  render  it  unnecessary.  The  most  effectual  way  to  render  it  unneces 
sary  is  to  give  the  General  Government  full  power  to  call  forth  the 
militia  and  exert  the  whole  natural  strength  of  the  Union  when  nec- 
essaiy.  Thus  you  will  furnish  the  people  with  sure  and  certain  protec 
tion  without  recurring  to  this  evil,  and  the  certainty  of  this  protection 
from  the  whole  will  be  a  strong  inducement  to  individual  exertion. 
Does  the  organization  of  the  Government  warrant  a  belief  that  this 
power  will  be  abused  ?  Can  we  believe  that  a  government  of  a  federal 
nature,  consisting  of  many  coequal  sovereignties,  and  particularly  hav 
ing  one  branch  chosen  from  the  people,  would  drag  the  militia  unnec 
essarily  to  an  immense  distance?  This,  sir,  would  be  uriworthy  the 
most  arbitrary  despot.  They  have  no  temptation  whatever  to  abuse 
this  power;  such  abuse  could  only  answer  the  purpose  of  exciting  the 
universal  indignation  of  the  people  and  drawing  on  themselves  the 
general  hatred  and  detestation  of  their  country. 


THE   VIRGINIA   CONVENTION,  1788.  23 

I  can  not  help  thinking  that  the  honorable  gentleman  has  not  con 
sidered  in  all  its  consequences  the  amendment  he  has  proposed. 
Would  this  be  an  equal  protection,  sir,  or  would  it  not  be  a  most  par 
tial  provision?  Some  States  have  three  or  four  States  in  contact. 
Were  this  State  invaded,  as  it  is  bounded  by  several  States,  the 
militia  of  three  or  four  States  would,  by  this  proposition,  be  obliged  to 
come  to  our  aid;  and  those  from  some  of  the  States  would  come  a  far 
greater  distance  than  those  of  others.  There  are  other  States  which, 
if  invaded,  could  be  assisted  by  the  militia  of  one  State  only,  there 
being  several  States  which  border  but  on  one  State.  Georgia  and 
New  Hampshire  would  be  infinitely  less  safe  than  the  other  States. 
Were  we  to  adopt  this  amendment,  we  should  set  up  those  States  as 
butts  for  invasions,  invite  foreign  enemies  to  attack  them,  and  expose 
them  to  peculiar  hardships  and  dangers.  Were  the  militia  confined  to 
any  limited  distance  from  their  respective  places  of  abode,  it  would 
produce  equal — nay,  more — inconveniences.  The  principles  of  equality 
and  reciprocal  aid  would  be  destroyed  in  either  case. 

There  is  something  so  preposterous  and  so  full  of  mischief  in  the 
idea  of  dragging  the  militia  unnecessarily  from  one  end  of  the  conti 
nent  to  the  other  that  I  think  there  can  be  no  ground  of  apprehension. 
If  you  limit  their  power  over  the  militia,  you  give  them  a  pretext  for 
substituting  a  standing  army.  If  you  put  it  in  the  power  of  the  State 
governments  to  refuse  the  militia,  by  requiring  their  consent,  you 
destroy  the  General  Government  and  sacrifice  particular  States.  The 
same  principles  and  motives  which  produce  disobedience  to  requisi 
tions  will  produce  refusal  in  this  case. 

Mr.  Clay  apprehended  that  by  this  power  our  militia  might  be  sent 
to  the  Mississippi.  He  observed  that  the  sheriff  might  raise  the  posse 
comitatus  to  execute  the  laws.  He  feared  it  would  lead  to  the  estab 
lishment  of  a  military  government,  as  the  militia  were  to  be  called 
forth  to  put  the  laws  into  execution.  He  asked  why  this  mode  was 
preferred  to  the  old  established  custom  of  executing  the  laws. 

Mr.  Madison  answered  that  the  power  existed  in  all  countries;  that 
the  militia  might  be  called  forth  for  that  purpose  under  the  laws  of 
this  State  and  every  other  State  in  the  Union;  that  public  force  must 
be  used  when  resistance  to  the  laws  required  it;  otherwise  society 
itself  must  be  destroyed;  that  the  mode  referred  to  by  the  gentleman 
might  not  be  sufficient  on  every  occasion,  as  the  sheriff  must  be  neces 
sarily  restricted  to  the  posse  of  his  own  county.  If  the  posse  of  one 
county  were  insufficient  to  overcome  the  resistance  to  the  execution  of 
the  laws,  this  power  must  be  resorted  to.  He  did  not,  by  any  means, 
admit  that  the  old  mode  was  superseded  by  the  introduction  of  the 
new  one.  And  it  was  obvious  to  him  that  when  the  civil  power  was 
sufficient,"  this  mode  would  never  be  put  in  practice. 

Mr.  HENRY.  As  my  worthy  friend  said,  there  is  a  positive  partition 
of  power  between  the  two  governments.  To  Congress  is  given  the 


24  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

power  of  "arming,  organizing,  and  disciplining  the  militia,  and  gov 
erning  such  part  of  them  as  may  be  employed  in  the  service  of  the 
United  States."  To  the  State  legislature  is  given  the  power  of 
"appointing  the  officers  and  training  the  militia  according  to  the 
discipline  prescribed  by  Congress."  I  observed  before  that  if  the 
power  be  concurrent  as  to  arming  them,  it  is  concurrent  in  other 
respects.  If  the  States  have  the  right  of  arming  them,  etc.,  concur 
rently,  Congress  has  a  concurrent  power  of  appointing  the  officers 
and  training  the  militia.  If  Congress  have  that  power,  it  is  absurd. 
To  admit  this  mutual  concurrence  of  powers  will  carry  you  into  end 
less  absurdity — that  Congress  has  nothing  exclusive  on  the  one  hand, 
nor  the  States  on  the  other.  The  rational  explanation  is  that  Con 
gress  shall  have  exclusive  power  of  arming  them,  etc.,  and  that  the 
State  governments  shall  have  exclusive  power  of  appointing  the 
officers,  etc.  Let  me  put  it  in  another  light. 

May  we  not  discipline  and  arm  them,  as  well  as  Congress,  if  the 
power  be  concurrent?  so  that  our  militia  shall  have  two  sets  of  arms, 
double  sets  of  regimentals,  etc. ;  and  thus,  at  a  very  great  cost,  we 
shall  be  doubly  armed.  The  great  object  is  that  every  man  be  armed. 
But  can  the  people  afford  to  pay  for  double  sets  of  arms,  etc.  Every 
one  .who  is  able  may  have  a  gun.  But  we  have  learned  by  experience 
that;  necessary  as  it  is  to  have  arms,  and  though  our  assembly  has, 
by  a  succession  of  laws  for  many  years,  endeavored  to  have  the  militia 
completely  armed,  it  is  still  far  from  being  the  case.  When  this 
power  is  given  up  to  Congress  without  limitation  or  bounds,  how  will 
your  militia  be  armed?  You  trust  to  chance;  for  sure  I  am  that  that 
nation  which  shall  trust  its  liberties  in  other  hands  can  not  long  exist. 
If  gentlemen  are  serious  when  they  suppose  a  concurrent  power,  where 
can  be  the  impolicy  to  amend  it?  Or,  in  other  words,  to  say  that 
Congress  shall  not  arm  or  discipline  them  till  the  States  shall  have 
refused  or  neglected  to  do  it?  This  is  my  object.  I  only  wish  to 
bring  it  to  what  they  themselves  say  is  implied.  Implication  is  to  be 
the  foundation  of  our  civil  liberties,  and  when  you  speak  of  {inning 
the  militia  by  a  concurrence  of  power  you  use  implication.  But  impli 
cation  will  not  save  you  when  a  strong  army  of  veterans  comes  upon 
you.  You  would  be  laughed  at  by  the  whole  world  for  trusting  your 
safety  implicitly  to  implication. 

The  argument  of  my  honorable  friend  was  that  rulers  might  tyran 
nize.  The  answer  he  received  was  that  they  will  not.  In  saying  that 
the}r  would  not  he  admitted  they  might.  In  this  great,  this  essential, 
part  of  the  Constitution,  if  you  are  safe  it  is  not  from  the  Constitution, 
but  from  the  virtues  of  the  men  in  government.  If  gentlemen  are 
willing  to  trust  themselves  and  posterity  to  so  slender  and  improbable 
a  chance,  they  have  greater  strength  of  nerves  than  I  have. 


THE    VIBGINIA    CONVENTION,  1788.  25 

The  honorable  gentleman,  in  endeavoring  to  answer  the  question 
why  the  militia  were  to  be  called  forth  to  execute  the  laws,  said  that 
the  civil  power  would  probably  do  it.  He  is  driven  to  say  that  the 
civil  power  may  do  it  instead  of  the  militia.  Sir,  the  militarv  power 
ought  not  to  interpose  till  the  civil  power  refuse.  If  this  be  the 
spirit  of  your  new  Constitution,  that  the  laws  are  to  be  enforced  by 
military  coercion,  we  may  easily  divine  the  happy  consequences  which 
will  result  from  it.  The  civil  power  is  not  to  be  employed  at  all.  If 
it  be,  show  me  it.  I  read  it  attentively,  and  could  see  nothing  to  war 
rant  a  belief  that  the  civil  power  can  be  called  for.  I  should  be  glad 
to  see  the  power  that  authorizes  Congress  to  do  so.  The  sheriff  will 
be  aided  by  military  force.  The  most  wanton  excesses  may  be  com 
mitted  under  color  of  this;  for  every  man  in  office,  in  the  States,  is  to 
take  an  oath  to  support  it  in  all  its  operations.  The  honorable  gentle 
man  said,  in  answer  to  the  objection  that  the  militia  might  be  marched 
from  New  Hampshire  to  Georgia,  that  the  members  of  the  Govern 
ment  would  not  attempt  to  excite  the  indignation  of  the  people. 
Here  again  we  have  the  general  unsatisfactory  answer,  that  they  will 
be  virtuous  and  that  there  is  no  danger. 

Mr.  NICHOLAS.  Mr.  Chairman,  the  great  object  of  government  in 
every  country  is  security  and  public  defense.  I  suppose,  therefore, 
that  what  we  ought  to  attend  to  here  is,  What  is  the  best  mode  of  ena 
bling  the  General  Government  to  protect  us  ?  One  of  three  ways 
must  be  pursued  for  this  purpose:  We  must  either  empower  them  to 
employ  and  rebr  altogether  on  a  standing  army,  or  depend  altogether 
on  militia,  or  else  we  must  enable  them  to  use  the  one  or  the  other  of 
these  two  ways  as  may  be  found  most  expedient.  The  least  reflec 
tion  will  satisfy  us  that  the  convention  has  adopted  the  only  proper 
method.  If  a  standing  army  were  alone  to  be  employed,  such  an  army 
must  be  kept  up  in  time  of  peace  as  would  be  sufficient  in  war.  The 
dangers  of  such  an  army  are  so  striking  that  every  man  would  oppose 
the  adoption  of  this  Government  had  it  been  proposed  by  it  as  the 
only  mode  of  defense.  Would  it  be  safe  to  depend  on  militia  alone 
without  the  agency  of  regular  forces  even  in  time  of  war?  Were  we 
to  be  invaded  by  a  powerful,  disciplined  army,  should  we  be  safe  with 
militia  \  Could  men  unacquainted  with  the  hardships  and  unskilled 
in  the  discipline  of  war — men  only  inured  to  the  peaceable  occupa 
tions  of  domestic  life — encounter  with  success  the  most  skilful  vet 
erans,  inured  to  the  fatigues  and  toils  of  campaigns?  Although  some 
people  are  pleased  with  the  theory  of  reliance  on  militia  as  the  sole 
defense  of  a  nation,  yet  I  think  it  will  be  found  in  practice  to  be  by 
no  means  adequate.  Its  inadequacy  is  proved  by  the  experience  of 
other  nations.  But  were  it  fully  adequate  it  would  be  unequal.  If 
war  be  supported  by  militia,  it  is  by  personal  service.  The  poor  man 


26  FEDEKAL    AID   IN"    DOMESTIC    DISTURBANCES. 

does  as  much  as  the  rich.  Is  this  just?  What  is  the  consequence 
when  war  is  carried  on  by  regular  troops?  They  are  paid  by  taxes 
raised  from  the  people,  according  to  their  property,  and  then  the  rich 
man  pays  an  adequate  share. 

But  if  you  confine  yourselves  to  militia  alone,  the  poor  man  is 
oppressed.  The  rich  man  exempts  himself  by  furnishing  a  substitute. 
And  although  it  be  oppressive  to  the  poor,  it  is  not  advantageous  to 
the  rich,  for  what  he  gives  would  pay  regular  troops.  It  is  there 
fore  neither  safe  nor  just  to  depend  entirely  on  militia.  As  these  two 
wa}Ts  are  ineligible,  let  us  consider  the  third  method.  Does  this  Con 
stitution  put  this  on  a  proper  footing?  It  enables  Congress  to  raise 
an  army  when  necessary  or  to  call  forth  the  militia  when  necessary. 
What  will  be  the  consequence  of  their  having  these  two  powers?  Till 
there  be  a  necessity  for  an  army  to  be  raised,  the  militia  will  still  be 
employed,  which  will  render  a  less  numerous  army  sufficient.  By 
these  means  there  will  be  a  sufficient  defense  for  the  country  without 
having  a  standing  army  altogether  or  oppressing  the  people.  The 
worthy  member  has  said  that  it  ought  to  be  a  part  of  the  Constitution 
that  the  militia  ought  not  to  go  out  of  the  State  without  the  consent 
of  the  State  legislature.  What  would  be  the  consequence  of  this? 
The  general  defense  is  trusted  to  the  General  Government.  How  is  it 
to  protect  the  Union  ?  It  must  apply  to  the  State  governments  before 
it  can  do  it.  Is  this  right?  Is  it  not  subjecting  the  general  will  to 
the  particular  will  and  exposing  the  general  defense  to  the  particular 
caprice  of  the  members  of  the  State  governments?  This  would 
entirely  defeat  the  power  given  to  Congress  to  provide  for  the  general 
defense,  and  unless  the  militia  were  to  aid  in  the  execution  of  the  laws 
when  resisted,  the  other  powers  of  Congress  would  be  nugatory. 

-*  *  *•  *  *  #  -X- 

Governor  RANDOLPH.  Mr.  Chairman,  our  attention  is  summoned  to 
this  clause  respecting  the  militia,  and  alarms  are  thrown  out  to  per 
suade  us  that  it  involves  a  mutiplicity  of  danger.  It  is  supposed  .by 
the  honorable  gentleman  lately  up,  and  another  gentleman,  that  the 
clause  for  calling  forth  the  militia  to  suppress  insurrections,  repel 
invasions,  and  execute  the  laws  of  the  Union  implies  that,  instead  of 
using  civil  force  in  the  first  instance,  the  militia  are  to  be  called  forth 
to  arrest  petty  offenders  against  the  laws.  Ought  not  common  sense 
to  be  the  rule  of  interpreting  this  Constitution  ?  Is  there  an  exclusion 
of  the  civil  power?  Does  it  provide  that  the  laws  are  to  be  enforced 
by  military  coercion  in  all  cases?  No,  sir.  All  that  we  are  to  infer 
is  that  when  the  civil  power  is  not  sufficient,  the  militia  must  be 
drawn  out.  Who  are  they  ?  He  says  (and  I  cheerfully  acquiesce  in 
the  rectitude  of  the  assertion)  that  they  are  the  bulwarks  of  our  lib 
erties.  Shall  we  be  afraid  that  the  people,  this  bulwark  of  freedom, 
will  turn  instruments  of  slavery  ?  The  officers  are  to  be  appointed  by 


THE   VIEGINIA   CONVENTION,  1788.  27 

the  States.  Will  you  admit  that  they  will  act  so  criminally  as  to  turn 
against  their  country?  The  officers  of  the  General  Government  are 
attached  to  it,  because  they  derive  their  appointment  from  it.  Admit 
ting  the  militia  officers  to  he  corrupt,  what  is  to  make  them  be  in 
favor  of  the  General  Government?  Will  not  the  same  reason  attach 
them  to  the  State  governments  ?  But  it  is  feared  that  the  militia  are 
to  be  subjected  to  martial  law  when  not  in  service.  They  are  only  to 
be  called  out  in  three  cases,  and  only  to  be  governed  by  the  authority 
of  Congress  when  in  the  actual  service  of  the  United  States,  so  that 
their  articles  of  war  can  no  longer  operate  upon  them  than  when  in 
the  actual  service  of  the  Union. 

Can  it  be  presumed  that  you  can  vest  the  supreme  power  of  the 
United  States  with  the  power  of  defense,  and  yet  take  away  this 
natural  defense  from  them?  You  risk  the  general  defense  by  with 
holding  this  power. 

*  *  *  -;;-  *  *  -si- 

Mr.  Henry  thought  it  necessary  and  proper  that  they  should  take  a 
collective  view  of  this  whole  section,  and  revert  again  to  the  first  clause. 
He  adverted  to  the  clause  which  gives  Congress  the  power  of  raising 
armies,  and  proceeded  as  follows:  To  me  this  appears  a  very  alarming 
power  when  unlimited.  They  are  not  only  to  raise  but  to  support 
armies;  and  this  support  is  to  go  to  the  utmost  abilities  of  the  United 
States.  If  Congress  shall  say  that  the  general  welfare  requires  it, 
they  may  keep  armies  continually  on  foot.  There  is  no  control  on 
Congress  in  raising  or  stationing  them.  They  may  billet  them  on  the 
people  at  pleasure.  This  unlimited  authority  is  a  most  dangerous 
power;  its  principles  are  despotic.  If  it  be  unbounded,  it  must  lead 
to  despotism;  for  the  power  of  a  people  in  a  free  government  is 
supposed  to  be  paramount  to  the  existing  power. 

*  *  *  •£  -X-  *  * 

Tire  honorable  gentleman  said  that  the  militia  should  be  called  forth 
to  quell  riots.  Have  we  not  seen  this  business  go  on  very  well  to-day 
without  military  force?  It  is  a  long-established  principle  of  the  com 
mon  law  of  England  that  civil  force  is  sufficient  to  quell  riots.  To 
what  length  may  it  not  be  carried?  A  law  may  be  made  that  if 
twelve  men  assemble,  if  the}^  do  not  disperse  they  may  be  fired  upon. 
I  think  it  is  so  in  England.  Does  not  this  part  of  the  paper  bear  a 
strong  aspect?  The  honorable  gentleman,  from  this  knowledge,  was 
called  upon  to  show  the  instances,  and  he  told  us  the  militia  may  be 
called  out  to  quell  riots.  They  may  make  the  militia  travel  and  act 
under  a  colonel,  or  perhaps  under  a  constable.  Who  are  to  determine 
whether  it  be  a  riot  or  not?  Those  who  are  to  execute  the  laws  of 
the  Union?  If  theiy  have  power  to  execute  their  laws  in  this  manner, 
in  what  situation  are  we  placed  ? 


28  FEDEEAL    AID    IN    DOMESTIC    DISTURBANCES. 

Mr.  Henry  wished  to  know  what  authority  the  State  governments 
had  over  the  militia. 

Mr.  Madison  answered  that  the  State  governments  might  do  what 
they  thought  proper  with  the  militia  when  the}r  were  not  in  the  actual 
service  of  the  United  States.  They  might  make  use  of  them  to  sup 
press  insurrections,  quell  riots,  etc.,  and  call  on  the  General  Govern 
ment  for  the  militia  of  any  other  State  to  aid  them  if  necessary. 

Mr.  Henry  replied  that,  as  the  clause  expressl}T  vested  the  General 
Government  with  power  to  call  them  out  to  suppress  insurrections, 
etc.,  it  appeared  to  him,  most  decidedly,  that  the  power  of  suppressing 
insurrections  was  exclusively  given  to  Congress.  If  it  remained  in  the 
States  it  was  by  implication. 

Mr.  Corbin,  after  a  short  address  to  the  chair,  in  which  he  expressed 
extreme  reluctance  to  get  up,  said  that  all  contentions  on  this  subject 
might  be  ended  by  adverting  to  the  fourth  section  of  the  fourth  article, 
which  provides  "that  the  United  States  shall  guaranty  to  every  State 
in  the  Union  a  republican  form  of  government,  and  shall  protect  each 
of  them  against  invasion;  and,  on  application  of  the  legislature,  or  of 
the  executive  (when  the  legislature  can  not  be  convened),  against 
domestic  violence."  He  thought  this  section  gave  the  States  power  to 
use  their  own  militia  and  call  on  Congress  for  the  militia  of  other  States. 
He  observed  that  our  representatives  were  to  return  every  second 
year  to  mingle  with  their  fellow-citizens.  He  asked,  then,  how  in  the 
name  of  God  they  would  make  laws  to  destroy  themselves. 

*  *  -X-  -55-  *  *  •* 

Mr.  Gra}7son,  in  reply  to  Mr.  Corbin,  said  he  was  mistaken  when  he 
produced  the  fourth  section  of  the  fourth  article  to  prove  that  the 
State  governments  had  a  right  to  intermeddle  with  the  militia.  He 
was  of  opinion  that  a  previous  application  must  be  made  to  the  Fed 
eral  head  by  the  legislature  when  in  session,  or  otherwise  by  the 
executive  of  any  State,  before  they  could  interfere  with  the  militia. 
In  his  opinion  no  instance  could  be  adduced  where  the  States  could 
employ  the  militia;  for  in  all  the  cases  wherein  they  could  be  employed 

Congress  had  the  exclusive  direction  and  control  of  them. 

*  %  -x-  *  *  -x-  -x- 

Mr.  MADISON.  With  respect  to  suppressing  insurrections,  I  say  that 
those  clauses  which  were  mentioned  by  the  honorable  gentleman  are 
compatible  with  a  concurrence  of  the  power.  By  the  first,  Congress 
is  to  eall  them  forth  to  suppress  insurrections  and  repel  invasions  of 
foreign  powers.  A  concurrence  in  the  former  case  is  necessary, 
because  a  whole  State  may  be  in  insurrection  against  the  Union. 
What  has  passed  may  perhaps  justify  this  apprehension.  The  safety 
of  the  Union,  and  particular  States,  requires  that  the  General  Gov 
ernment  should  have  power  to  repel  foreign  invasions.  The  fourth 
section  of  the  fourth  article  is  perfectly  consistent  with  the  exercise 


THE    VIRGINIA    CONVENTION,   1788.  29 

of  the  power  by  the  States.  The  words  arc,  "The  United  States  shall 
guaranty  to  every  State  in  this  Union  a  republican  form  of  govern 
ment,  and  shall  protect  each  of  them  against  invasion;  and,  on  appli 
cation  of  'the  legislature  or  of  the  executive  (when  the  legislature  can 
not  be  convened),  against  domestic  violence.'"  The  word  "invasion" 
here,  after  power  had  been  given  in  the  former  clause  to  repel  inva 
sions,  may  be  thought  tautologous,  but  it  has  a  different  meaning  from 
the  other.  This  clause  speaks  of  a  particular  State.  It  means  that 
it  shall  be  protected  from  invasion  by  other  States.  A  republican 
government  is  to  be  guarantied  to  each  State,  and  they  are  to  be  pro 
tected  from  invasion  from  other  States  as  well  as  from  foreign  powers; 
and,  on  application  by  the  legislature  or  executive,  as  the  case  may  be, 
the  militia  of  the  other  States  are  to  be  called  to  suppress  domestic 
insurrections.  Does  this  bar  the  States  from  calling  forth  their  own 
militia?  No;  but  it  gives  them  a  supplementary  security  to  suppress 
insurrections  and  domestic  violence.  a 

•35-  *  -X-  *  *  *  * 

It  would  be  interesting  to  following  this  debate  to  its  end.  There 
is  no  better  rule  for  the  interpretation  of  doubtful  passages  of  law 
than  to  ascertain  the  intent  of  the  lawmaking  power,  and  this  is  to  be 
found  in  the  doubts  and  confidences  of  its  members.  The  presump 
tion  of  law  that  a  man  intends  to  do  precisely  what  he  does  do  is  not 
to  be  applied  to  deliberative  bodies.  In  the  Pennsylvania  convention 
Mr.  James  Wilson,  the  only  member  who  had  been  a  member  of  the 
Constitutional  Convention,  and  who  was  afterwards  a  justice  of  the 
Supreme  Court  of  the  United  States,  discoursed  at  considerable  length 
upon  the  use  of  standing  armies,  which  seems  to  have  been  one  of  the 
foremost  objections  in  Pennsylvania,  as  elsewhere,  to  the  new  Con 
stitution.  Mr.  Wilson  said: 

I  proceed  to  another  objection  that  is  taken  against  the  power  given 
to  Congress  of  raising  and  keeping  up  standing  armies.  I  confess  I 
have  been  surprised  that  this  objection  was  ever  made,  but  I  am  more 
so  that  it  is  still  repeated  and  insisted  upon.  I  have  taken  some  pains 
to  inform  myself  how  the  other  governments  of  the  world  stand  with 
regard  to  this  power,  and  the  result  of  my  inquiry  is,  that  there  is 
not  one  which  has  not  the  power  of  raising  and  keeping  up  stand 
ing  armies.  A  government  without  the  power  of  defense!  It  is  a 
solecism. 

I  well  recollect  the  principle  insisted  upon  by  the  patriotic  body  in 
Great  Britain;  it  is,  that  in  time  of  peace  a  standing  army  ought  not 
to  be  kept  up  without  the  consent  of  Parliament.  Their  only  appre 
hension  appears  to  be  that  it  might  be  dangerous  were  the  army  kept 
up  without  the  concurrence  of  the  representatives  of  the  people.  Sir, 

"Elliot's  Debates  in  the  Virginia  Convention,  p.  378  et  seq. 


30  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

we  are  not  in  the  millennium.  Wars  may  happen,  and  when  they  do 
happen  who  is  to  have  the  power  of  collecting  and  appointing  the 
force  then  become  immediately  and  indispensably  necessary? 

It  is  not  declared  in  this  Constitution  that  the  Congress  shall  raise 

o 

and  support  armies.  No,  sir;  if  they  are  not  driven  to  it  by  necessity, 
why  should  we  suppose  they  would  do  it  by  choice  any  more  than  the 
representatives  of  the  same  citizens  in  the  State  legislature  ?  For  we 
must  not  lose  sight  of  the  great  principle  upon  which  this  work  is 
founded.  The  authority  here  given  to  the  General  Government  flows 
from  the  same  source  as  that  placed  in  the  legislatures  of  the  several 
States. 

It  may  be  frequently  necessary  to  keep  up  standing  armies  in 
time  of  peace.  The  present  Congress  have  experienced  the  necessity, 
and  700  troops  are  just  as  much  a  standing  army  as  70,000.  The 
principle  which  sustains  them  is  precisely  the  same.  They  may 
go  farther  and  raise  an  army  without  communicating  to.  the  public 
the  purpose  for  which  it  is  raised.  On  a  particular  occasion  they 
did  this.  When  the  commotions  existed  in  Massachusetts,  they  gave 
orders  for  enlisting  an  additional  body  of  2,000  men.  I  believe  it  is 
not  generally  known  on  what  a  perilous  tenure  we  held  our  free 
dom  and  independence  at  that  period.  The  flames  of  internal  insur 
rection  were  ready  to  burst  out  in  every  quarter;  they  were  formed 
by  the  correspondents  of  State  officers  (to  whom  an  allusion  was 
made  on  a  former  day),  and  from  one  end  to  the  other  of  the  con 
tinent  we  walked  on  ashes,  concealing  fire  beneath  our  feet;  and 
ought  Congress  to  be  deprived  of  power  to  prepare  for  the  defense 
and  safety  of  our  country  ?  Ought  they  to  be  restricted  from  arming 
until  they  divulge  the  motive  which  induced  them  to  arm?  I  believe 
the  power  of  raising  and  keeping  up  an  army  in  time  of  peace  is  essen 
tial  to  every  government.  No  government  can  secure  its  citizens 
against  dangers,  internal  and  external,  without  possessing  it  and  some 
times  carrying  it  into  execution.  I  confess  it  is  a  power  in  the  exer 
cise  of  which  all  wise  and  moderate  governments  will  be  as  prudent 
and  forbearing  as  possible.  When  we  consider  the  situation  of  the 
United  States,  we  must  be  satisfied  that  it  will  be  necessary  to  keep 
up  some  troops  for  the  protection  of  the  western  frontiers  and  to 
secure  our  interest  in  the  internal  navigation  of  that  country.  It  will 
be  not  only  necessary,  but  it  will  be  economical  on  the  great  scale. 
Our  enemies,  finding  us  invulnerable,  will  not  attack  us,  and  we  shall 
thus  prevent  the  occasion  for  larger  standing  armies. a 

In  commenting  upon  this  section  (sec.  4,  art.  IV)  Mr.  Curtis  remarks 
that  it  was  necessary  to  complete  the  republican  character  of  the  sys 
tem  intended  to  be  upheld;  that  the  Constitution  assumes  that  the  gov- 

«  Elliot's  Debates  in  the  Pennsylvania  Convention,  page  521. 


THE    VIRGINIA    CONVENTION,   1788.  31 

ernments  of  the  States  are  rightfully  in  the  exercise  of  their  authority 
and  will  so  continue  until  changed,  but  that  no  change  shall  be  made 
by  force,  by  public  commotion,  or  by  setting  aside  the  authority  of  the 
existing  government.  It  recognizes  the  right  of  that  government  to 
be  protected  against  domestic  violence — that  is  to  say,  against  every 
species  of  force  that  may  be  directed  against  it,  excepting  the  will  of 
the  people  through  constitutional  forms."  Similarly,  Mr.  Justice 
Story:  "At  first  view,"  says  this  eminent  commentator,  "it  might 
seem  not  to  square  with  the  republican  theory  to  suppose  either  that 
a  majority  have  not  the  right  or  that  a  minority  will  have  the  force  to 
subvert  a  government,  and  consequently  that  the  Federal  interposition 
can  never  be  required  but  when  it  would  be  improper.  But  theoretic 
reasoning  in  this,  as  in  most  other  cases,  must  be  qualified  by  the  les 
sons  of  practice.  Why  may  not  illicit  combinations  for  purposes  of 
violence  be  formed  as  well  by  a  majority  of  a  State,  especially  a  small 
State,  as  by  a  majority  of  a  county  or  a  district  of  the  same  State? 
And  if  the  authority  of  the  State  ought  in  the  latter  case  to  protect  tne 
local  magistracy,  ought  not  the  Federal  authority  in  the  former  to 
support  the  State  authority?  Besides,  there  are  certain  parts  of  the 
State  constitutions  which  are  so  interwoven  with  the  Federal  Consti 
tution  that  a  violent  blow  can  not  be  given  to  the  one  without  commu 
nicating  the  wound  to  the  other.  Insurrections  in  a  State  will  rarely 
induce  a  Federal  interposition,  unless  the  number  concerned  in  them 
bear  some  proportion  to  the  friends  of  government.  It  will  be  much 
better  that  the  violence  in  such  cases  should  be  repressed  by  the  super 
intending  power  than  that  the  majority  should  be  left  to  maintain 
their  cause  by  a  bloody  and  obstinate  contest.  The  existence  of  a  right 
to  interpose  will  generally  prevent  the  necessity  of  exerting  it.?'' 

«  Curtis' s  History  of  the  Constitution,  vol.  2,  page  472. 
t>  Story  on  the  Constitution,  sec.  1820. 


II.  FROM    THE    ADOPTION    OF    THE   CONSTITUTION   TO  THE 
SECOND  WAR  WITH  GREAT  BRITAIN. 

THE  WHISKY   INSURRECTION,   1794— FRIES'S   INSURRECTION,    1799— BURR'S   CONSPIRACY, 
1805— THE  EMBARGO  TROUBLES,  1808. 


The  Congress  lost  no  time  in  providing  the  means  for  carrying  into 
effect  the  more  important  features  of  the  Constitution.  Its  first  ses 
sion  was  opened  on  the  4th  day  of  March,  1789,  and  almost  immediately 
a  bill  was  introduced,  which  became  a  law  September  29,  1789,  to 
recognize  the  military  establishment  of  October  3,  1787,  and  to 
authorize  the  President  to  call  into  the  service  from  time  to  time  such 
part  of  the  militia  as  he  may  judge  necessary  for  the  purpose  of  pro 
tecting  the  frontier  from  Indian  incursions/'  At  the 

Congress  &         .  .  . 

raises  an  army,      third  session    authontv  was  given   to  raise   another 

1789 

regiment  of  infantry  and  further  empowering  the 
President  in  his  judgment  to  employ  "levies"  in  addition  to  the 
militia/'  The  Second  Congress  was  disposed  to  still  greater  liberality. 
The  two  regiments  of  infantry  and  the  battalion  of  artillery  were 
increased  to  full  strength  and  three  additional  regiments  of  infantry 
authorized  for  three  years,  while  the  President  was  empowered  to  call 
into  the  service,  for  the  protection  of  the  frontier,  such  number  of 
cavalry  as  in  his  judgment  might  be  necessary/'  At  the  same  time  a 
bill  was  introduced,  which  became  a  law  May  2,  1792,  under  the  title 
of  "An  act  to  provide  for  calling  forth  the  militia  to  execute  the  laws 
of  the  Union,  suppress  insurrections,  and  repel  invasions;"  in  other 
words,  to  provide  for  carrying  into  execution  the  fourth  section  of  the 
fourth  article  of  the  Constitution/^  The  first  three  sections  of  this 
act,  which  is  the  basis  of  all  subsequent  legislation  in  this  direction, 
read  thus:  • 

SECTION  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  whenever  the  United  States  shall  be  invaded, 
or  be  in  imminent  danger  of  invasion  from  any  foreign  nation  or  Indian  tribe,  it 
shall  be  lawful  for  the  President  of  the  United  States  to  call  forth  such  number  of 
the  militia  of  the  State  or  States  most  convenient  to  the  place  of  danger  or  scene  of 
action  as  he  may  judge  nepessary  to  repel  such  invasion,  and  to  issue  his  orders  for 
that  purpose  to  such  officer  or  officers  of  the  militia  as  he  shall  think  proper;  and  in 

«1  Stat.  L.,  95.  &1  Stat.  L.,  222,  '1  Stat.  L.,  242.  d\  Stat.  L.,  2G4. 

32 


THE    WHISKY    INSURRECTION,   1794.  33 

case  of  an  insurrection  in  any  State  against  the  government  thereof,  it  shall  be  law 
ful  for  the  President  of  the  United  States,  on  application  of  the  legislature  of  such 
State,  or  of  the  executive  (when  the  legislature  can  not  be  convened)  to  call  forth 
such  number  of  the  militia  of  any  other  State  or  States  as  may  be  applied  for,  or  as 
he  may  judge  sufficient  to  suppress  such  insurrection. 

SEC.  2.  And  be  it  further  enacted,  That  whenever  the  laws  of  the  United  States  shall 
be  opposed,  or  the  execution  thereof  obstructed,  in  any  State  by  combinations  too 
powerful  to  be  suppressed  by  the  ordinary  course  of  judicial  proceedings  or  by  the 
powers  vested  in  the  marshals  by  this  act,  the  same  being  notified  to  the  President 
of  the  United  States  by  an  associate  justice  or  the  district  judge,  it  shall  be  lawful 
for  the  President  of  the  United  States  to  call  forth  the  militia  of  such  State  to  suppress 
such  combinations,  and  to  cause  the  laws  to  be  duly  executed.  And  if  the  militia  of 
a  State  where  such  combinations  may  happen  shall  refuse  or  be  insufficient  to  sup 
press  the  same,  it  shall  be  lawful  for  the  President,  if  the  legislature  of  the  United 
States  be  not  in  session,  to  call  forth  and  employ  such  numbers  of  the  militia  of  any 
other  State  or  States  most  convenient  thereto  as  may  be  necessary,  and  the  use  of 
militia  so  to  be  called  forth  may  be  continued,  if  necessary,  until  the  expiration  of 
thirty  days  after  the  commencement  of  the  ensuing  session. 

SEC.  3.  Provided  always,  and  be  it  further  enacted,  That  whenever  it  may  be  neces 
sary,  in  the  judgment  of  the  President,  to  use  the  military  force  hereby  directed  to 
be  called  forth,  the  President  shall  forthwith,  and  previous  thereto,  by  proclamation, 
command  such  insurgents  to  disperse  and  retire  peaceably  to  their  respective  abodes 
within  a  limited  time. 

Six  days  later  a  uniform  system  for  the  government  of  the  militia 
was  established  under  the  title  of  "An  act  more  effectually  to  provide 
for  the  national  defense  by  establishing*  an  uniform  militia  throughout 
the  United  States, "a  and  this  act,  with  very  few  changes  and  those  of 
little  importance,  is  substantially  the  law  under  which  the  militia 
exists  to  the  present  day.  It  carried  out  as  nearly  as  possible  the  views 
of  the  makers  of  the  Constitution  and  embodied  all  the  features  already 
so  clearly  expressed  by  Mr.  Madison.  It  fixed  the  organization,  the 
armament,  and  the  rules  of  discipline,  but  left  the  arrangement  of  each 
State  into  brigades  and  regiments  and  companies,  and  the  appoint 
ment  of  their  officers,  to  the  several  legislatures.  The  organization, 
if  primitive  and  in  many  respects  for  many  years  obsolete,  was  suffi 
cient  for  the  purpose  and  has  met  the  demands  of  a  centuiy  with  rea 
sonable  satisfaction.  It  fought  two  wars,  provided  the  nucleus  for 
the  organization  of  the  vast  armies  that  fought  out  the  great  rebellion, 
and  only  disappeared  with  the  incoming  of  the  "volunteer." 

Scarcely  had  these  laws  been  enacted  and  the  people  brought  to  a 

comprehension  of  the  existence  of  a  Federal  Government  when  an 

event  occurred  that  brought  them  suddenly  and  unexpectedly  into 

action.     In  the  four  counties  of  Pennsylvania  west  of  the  Allegheny 

Mountains  a  lawless  spirit  had  prevailed  for  the  half 

whisky  insurrection,  centui'v  preceding  the  Revolution.      These  counties 

1794  •/      A  G 

had  been  settled  by  people  of  Scottish  descent,  mainly 
farmers,  men  of  great  energy  and  decision,  and  always  restive  under 

«1  Stat.  L.,  271. 
S.  Doc.  209 3 


34  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

the  restraints  of  law  and  order.  To  these  the  close  of  the  war  had 
added  marw  desperate  characters,  mere  squatters,  ready  to  engage  in 
lawless  enterprises  at  the  instigation  of  popular  leaders.  The  fanners, 
having  no  near  market  for  their  produce,  had  always  been  used  to 
converting  much  of  their  grain  into  whisky,  which  had  a  ready  sale  at 
from  fifty  cents  to  a  dollar  a  gallon,  so  that  the  still  was  the  necessary 
appendage  of  every  farm.  Excise  laws  are  always  unpopular.  Among 
these  people,  whose  hatred  to  such  laws  was  hereditary,  their  enforce 
ment  in  colonial  days  had  been  always  difficult;  frequently  impossible. 
Such  was  the  state  of  the  public  mind  when  in  March,  17i>l,  Con 
gress  passed  an  excise  law,  and  for  the  following  two  years  every 
attempt  to  collect  these  taxes  was  stoutly  resisted,  until  the  number 
and  brutality  of  assaults  on  the  collectors,  frequently  accompanied  by 
riots,  participated  in  by  whole  communities,  amounted  to  a  practical 
insurrection.  In  the  vicinity  of  Pittsburg  buildings  were  burned, 
the  mails  intercepted  and  robbed,  Federal  officers  tarred  and  feathered. 
In  many  of  these  outrages  the  local  militia  participated,  and  their  offi 
cers  were  among  the  most  obstinate  in  their  resistance  to  the  laws. 
The  summer  of  179-i  witnessed  an  alarming  increase  of  this  lawless 
ness,  which  at  last  compelled  the  courts  to  confess  their  inability  to 
induce  the  slightest  respect  to  their  mandates  or  to  enforce  a  single 
one  of  their  judgments.  The  office  of  collector  for  western  Pennsyl 
vania  had  been  accepted  by  Gen.  John  Neville,  a  gentleman  known  far 
and  wide  for  his  benevolence,  and  who  in  years  of  scarcity  had  thrown 
open  his  granaries  to  his  poor  neighbors,  and  in  other  respects  had 
endeared  himself  to  the  people.  On  the  16th  of  July  a  mob  of  500 
or  more  attacked  Neville's  house,  wounded  its  defenders,  and  burned 
it  to  the  ground.  On  the  1st  of  August  7,000  of  the  malcontents 
assembled  on  Braddock's  field,  armed  and  provisioned,  and  marched 
into  Pittsburg,  intending  to  capture  Fort  Pitt,  but  became  frightened 
and  dispersed.  The  rebellion  rapidly  gathered  force,  until  all  law  was 
disregarded  and  all  order  at  an  end.  Governor  Mifflin  refusing  to  call 
out  the  militia  of  the  State  in  response  to  the  calls  of  the  courts,  t he- 
latter  had  no  recourse  but  an  appeal  to  the  Federal  Government. 
This  took  the  form  of  a  letter  from  the  United  States  judge  for  the 
district,  an  associate  justice  of  the  Supreme  Court,  intended  to  so 
make  a  case  under  the  Constitution  as  to  authorize  the  Executive  to 

call  out  the  military  force. 

PHILADELPHIA,  August  4,  1794- 

SIR:  From  the  evidence  which  has  been  laid  before  me,  I  hereby  notify  to  you 
that  in  the  counties  of  Washington  and  Allegheny,  in  Pennsylvania,  laws  of  the 
United  States  are  opposed,  and  the  execution  thereof  obstructed  by  combinations  too 
powerful  to  be  suppressed  by  the  ordinary  course  of  judicial  proceedings  or  by  the 
powers  vested  in  the  marshal  of  that  district. 

I  have  the  honor  to  be,  with  the  highest  consideration  and  respect, 
Your  most  obedient  and  humble  servant, 

JAMES  WILSON. 
The  PRESIDENT  OP  THE  UNITED  STATES. 


THE    WHISKY    INSUEBECTION,  1794.  35 

Even  with  this  certificate  before  him  the  President  was  for  a  time 
uncertain  how  to  act.  It  is  related  that  Governor  Mifflin's  position  was 
sustained  by  the  Secretary  of  State,  but  that  it  was  opposed  b}r  Ham 
ilton,  Bradford,  the  Attorney-General,  and  the  Secretary  of  War.  Be 
that  as  it  may,  a  proclamation  of  the  President  appeared  three  days 
later,  in  which  the  insurgents  were  called  upon  to  cease  their  resistance 
to  the  laws  and  to  retire  peaceably  to  their  respective  abodes  on  or 
before  the  1st  day  of  September,  1794.  Failing  this  he  avowed  his 
determination  to  call  forth  the  militia  to  suppress  all  unlawful  combi 
nations  and  to  cause  the  laws  to  be  duty  executed.  The  following  is 
the  text  of  the  proclamation : 

PROCLAMATION. 

Whereas,  combinations  to  defeat  the  execution  of  the  laws  levying  duties  upon 
spirits  distilled  in  the  United  States  and  upon  the  stills  have,  from  the  time  of  the 
commencement  of  those  laws,  existed  in  some  of  the  western  parts  of  Pennsylvania. 
And  whereas,  the  said  combinations,  proceeding  in  a  manner  subversive  equally  of 
the  just  authority  of  government  and  of  the  rights  of  individuals,  have  hitherto 
effected  their  dangerous  and  criminal  purpose  by  the  influence  of  certain  irregular 
meetings,  whose  proceedings  have  tended  to  encourage  and  uphold  the  spirit  of 
opposition;  by  misrepresentations  of  the  laws  calculated  to  render  them  obnoxious; 
by  endeavors  to  deter  those  who  might  be  so  disposed  from  accepting  offices  under 
them,  through  fear  of  public  resentment  and  injury  to  person  and  property,  and  to 
compel  those  who  had  accepted  such  offices,  by  actual  violence,  to  surrender  or  for 
bear  the  execution  of  them;  by  circulating  vindictive  menaces  against  all  those  who 
should  otherwise  directly  or  indirectly  aid  in  the  execution  of  the  said  laws;  or  who, 
yielding  to  the  dictates  of  conscience  and  to  a  sense  of  obligation,  should  themselves 
comply  therewith,  by  actually  injuring  and  destroying  the  property  of  persons  who 
were  understood  to  have  so  complied;  by  inflicting  cruel  and  humiliating  punishment 
upon  private  citizens  for  no  other  cause  than  that  of  appearing  to  be  the  friends  of  the 
laws;  by  intercepting  the  public  officers  on  the  highways,  abusing,  assaulting,  or  other 
wise  illtreating  them;  by  going  to  their  houses  in  the  night,  gaining  admittance  by 
force,  taking  away  their  papers,  and  committing  other  outrages;  employing  for  their 
unwarrantable  purposes  the  agency  of  armed  banditti,  disguised  in  such  a  manner  as 
for  the  most  part  to  escape  discovery.  And  whereas,  the  endeavors  of  the  legislature 
to  obviate  objections  to  the  said  laws,  by  lowering  the  duties  and  by  other  alterations 
conducive  to  the  convenience  of  those  whom  they  immediately  affect  (though  they 
have  given  satisfaction  in  other  quarters),  and  the  endeavors  of  the  executive  officers 
to  conciliate  a  compliance  with  the  laws,  by  explanations,  by  forbearance,  and  even 
by  particular  accommodations  founded  on  the  suggestion  of  local  considerations,  have 
been  disappointed  of  their  effect  by  the  machinations  of  persons  whose  industry  to 
excite  resistance  has  increased  with  every  appearance  of  a  disposition  among  the 
people  to  relax  in  their  opposition  and  to  acquiesce  in  the  laws;  insomuch  that  many 
persons  in  the  said  western  parts  of  Pennsylvania  have  at  length  been  hardy  enough 
to  perpetrate  acts  which  I  am  advised  amount  to  treason,  being  overt  acts  of  levying 
war  against  the  United  States;  the  said  persons  having,  on  the  16th  and  17th  of  July 
last,  proceeded  in  arms  (on  the  second  day  amounting  to  several  hundreds)  to  the 
house  of  John  Neville,  inspector  of  the  revenue  for  the  fourth  survey  of  the  district 
of  Pennsylvania,  having  repeatedly  attacked  the  said  house,  with  the  persons  therein, 
wounding  some  of  them;  having  seized  David  Lennox,  marshal  of  the  district  of 
Pennsylvania,  who  previous  thereto  had  been  fired  upon,  while  in  the  execution 
of  his  duty,  by  a  party  of  armed  men,  detaining  him  for  some  time  prisoner,  till,  for 


3()  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

the  preservation  of  his  life  and  the  obtaining  of  his  liberty,  he  found  it  necessary  to 
enter  into  stipulations  to  forbear  the  execution  of  certain  official  duties,  touching 
processes  issuing  out  of  a  court  of  the  United  States,  and  having  finally  obliged  the 
said  inspector  of  the  revenue  and  the  said  marshal,  from  considerations  of  personal 
safety,  to  fly  from  that  part  of  the  country  in  order,  by  a  circuitous  route,  to  proceed 
to  the  seat  of  government;  avowing  as  the  motive  of  these  outrageous  proceedings 
an  intention  to  prevent,  by  force  of  arms,  the  execution  of  the  said  laws,  to  oblige 
the  said  inspector  of  the  revenue  to  renounce  his  said  office,  to  withstand  by  open 
violence  the  lawful  authority  of  the  Government  of  the  United  States,  and  to  compel 
thereby  an  alteration  of  the  measures  of  the  legislature  and  a  repeal  of  the  laws 
aforesaid. 

And  whereas,  by  a  law  of  the  United  States  entitled  "  An  act  to  provide  for  call 
ing  forth  the  militia  to  execute  the  laws  of  the  Union,  suppress  insurrections,  and 
repel  invasions,"  it  is  enacted  that  whenever  the  laws  of  the  United  States  shall  be 
opposed  or  the  execution  thereof  obstructed  in  any  State  by  combinations  too  pow 
erful  to  be  suppressed  by  the  ordinary  course  of  judicial  proceedings  or  by  the 
powers  vested  in  the  marshals  by  that  act,  the  same  being  notified  by  an  associate 
justice  or  the  district  judge,  it  shall  be  lawful  for  the  President  of  the  United  States 
to  call  forth  the  militia  of  such  State  to  suppress  such  combinations  and  to  cause  the 
laws  to  be  duly  executed. 

And  if  the  militia  of  a  State  where  such  combinations  may  happen  shall  refuse  or 
be  insufficient  to  suppress  the  same,  it  shall  be  lawful  for  the  President,  if  the  legis 
lature  of  the  United  States  be  not  in  session,  to  call  forth  and  employ  such  numbers 
of  the  militia  of  any  State  or  States  most  convenient  thereto  as  may  be  necessary; 
and  the  use  of  the  militia  so  to  be  called  forth  may  be  continued,  if  necessary,  until 
the  expiration  of  thirty  days  after  the  commencement  of  the  ensuing  session:  Pro 
vided  always,  That  whenever  it  may  be  necessary,  in  the  judgment  of  the  President, 
to  use  the  military  force  hereby  directed  to  be  called  forth,  the  President  shall  forth 
with  and  previous  thereto,  by  proclamation,  command  such  insurgents  "  to  disperse 
and  retire  peaceably  to  their  respective  abodes  within  a  limited  time." 

And  whereas,  James  Wilson,  an  associate  justice,  on  the  4th  instant,  by  writing 
under  his  hand,  did,  from  evidence  which  had  been  laid  before  him,  notify  to  me 
"that  in  the  counties  of  Washington  and  Allegheny  in  Pennsylvania,  laws  of  the 
United  States  are  opposed  and  the  execution  thereof  obstructed  by  combinations  too 
powerful  to  be  suppressed  by  the  ordinary  course  of  judicial  proceedings,  or  by  the 
powers  vested  in  the  marshal  of  that  district." 

And  whereas,  it  is  in  my  judgment  necessary,  under  the  circumstances  of  the  ca^e, 
to  take  measures  for  calling  forth  the  militia  in  order  to  suppress  the  combinations 
aforesaid  and  to  cause  the  laws  to  be  duly  executed,  and  I  have  accordingly  deter 
mined  to  do  so,  feeling  the  deepest  regret  for  the  occasion,  but  withal  the  most  solemn 
conviction  that  the  essential  interests  of  the  Union  demand  it;  that  the  very  exhsti'iu-e 
of  government  and  the  fundamental  principles  of  social  order  are  materially  involved 
in  the  issue;  and  that  the  patriotism  and  firmness  of  all  good  citizens  are  seriously 
called  upon,  as  occasion  may  require,  to  aid  in  the  effectual  suppression  of  so  fatal  a 
spirit. 

Wherefore,  and  in  pursuance  of  the  proviso  above  recited,  I,  George  Washington, 
President  of  the  United  States,  do  hereby  command  all  persons  being  insurgents  as 
aforesaid,  and  all  others  whom  it  may  concern,  on  or  before  the  1st  day  of  September 
next,  to  disperse  and  retire  peaceably  to  their  respective  abodes.  And  I  do  more 
over  warn  all  persons  whomsoever  against  aiding,  abetting,  or  comforting  the  per 
petrators  of  the  aforesaid  treasonable  acts.  And  I  do  require  all  officers  and  other 
citizens,  according  to  their  respective  duties  and  the  laws  of  the  land,  to  exert  their 
utmost  endeavors  to  prevent  and  suppress  such  dangerous  proceedings. 


THE    WHISKY    INSURRECTION,   1794.  37 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  of  America  to 
be  affixed  to  these  presents,  and  signed  the  same  with  rny  hand. 

Done  at  the  city  of  Philadelphia,  the  7th  day  of  August,  seventeen  hundred  and 
ninety-four,  and  of  the  Independence  of  the  United  States  of  America  the  nineteenth. 

GEORGE  WASHINGTON.     [L.  s.] 
By  the  President: 
EDM.  RANDOLPH. 

It  is  averred  by  some  writers  that  the  insurgents  looked  upon  the 
proclamation  with  contempt,  regarding  it  as  a  piece  of  bravado 
unworthy  their  notice;  others  assert  that  a  confidence  in  their  own 
numbers  and  bravery,  no  less  than  the  justice  of  their  cause,  impelled 
them  to  disregard  it.  Suffice  to  say  it  was  received  with  derision  and 
that  the  outrages  continued  without  abatement.  In  the  meantime  the 
President  had  made  requisition  upon  the  governors  of  Penns}rlvania, 
Maryland,  New  Jersey,  and  Virginia  for  15,000  men,  to  be  immedi 
ately  organized  and  prepared  to  move  at  a  moment's  warning. 

The  requisitions  upon  New  Jersey,  Maiyland,  and  Virginia  were 
promptly  filled.  That  from  Pennsylvania  was  furnished  from  the 
eastern  counties  with  little  delay,  so  that  by  the  25th  of  September 
the  President  felt  himself  in  a  position  to  proceed  to  harsher  meas 
ures.  The  troops  from  Pennsylvania  and  New  Jersey  were  ordered 
to  rendezvous  at  Carlisle,  and  those  from  Maryland  and  Virginia 
at  Cumberland,  the  whole  to  move  on  command  upon  Bedford,  the 
center  of  the  disaffection,  where  they  were  to  concentrate  under  the 
command  of  Governor  Lee,  of  Virginia.  On  that  date  the  President 
issued  his  second  proclamation: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  from  a  hope  that  the  combinations  against  the  Constitution  and  laws 
of  the  United  States  in  certain  of  the  western  counties  of  Pennsylvania  would  yield 
to  time  and  reflection,  I  thought  it  sufficient  in  the  first  instance  rather  to  take  meas 
ures  for  the  calling  forth  of  the  militia  than  immediately  to  embody  them;  but  the 
moment  has  now  come  when  the  overtures  of  forgiveness  with  no  other  condition 
than  a  submission  to  law  have  been  only  partially  accepted;  when  every  form  of 
conciliation  not  inconsistent  with  the  being  of  government  has  been  adopted  with 
out  effect;  when  the  well-disposed  in  those  counties  are  unable  by  their  influence 
and  example  to  reclaim  the  wicked  from  their  fury  and  are  compelled  to  associate 
in  their  own  defense;  when  the  proper  lenity  has  been  misinterpreted  into  an  appre 
hension  that  the  citizens  will  march  with  reluctance;  when  the  opportunity  of  exam 
ining  the  serious  consequences  of  a  treasonable  opposition  has  been  employed  in 
propagating  principles  of  anarchy,  endeavoring  through  emissaries  to  alienate  the 
friends  of  order  from  its  support  and  inviting  its  enemies  to  perpetrate  similar  acts 
of  insurrection;  when  it  is  manifest  that  violence  would  continue  to  be  exercised 
upon  every  attempt  to  enforce  the  laws;  when,  therefore,  government  is  set  at  defi 
ance,  the  contest  being  whether  a  small  portion  of  the  United  States  shall  dictate  to 
the  whole  Union  and,  at  the  expense  of  those  who  desire  peace,  indulge  a  desperate 
ambition.  Now,  therefore,  I,  George  Washington,  President  of  the  United  States, 


38  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

in  obedience  to  that  high  and  irresistible  duty  consigned  to  me  by  the  Constitution 
"to  take  care  that  the  laws  be  faithfully  executed,"  deploring  that  the  American 
name  should  be  sullied  by  the  outrages  of  citizens  on  their  own  Government;  com 
miserating  such  as  remain  obstinate  from  delusion,  but  resolved,  in  perfect  reliance 
on  that  gracious  Providence  which  so  signally  displays  its  goodness  toward  this 
country,  to  reduce  the  refractory  to  a  due  subordination  to  the  law,  do  hereby  declare 
and  make  known  that  with  a  satisfaction  which  can  be  equaled  only  by  the  merits 
of  the  militia,  summoned  into  service  from  the  States  of  New  Jersey,  Pennsylvania, 
Maryland,  and  Virginia,  I  have  received  intelligence  of  their  patriotic  alacrity  in 
obeying  the  call  of  the  present,  though  painful,  yet  commanding  necessity;  that  a 
force  which,  according  to  every  reasonable  expectation,  is  adequate  to  the  exigency, 
is  already  in  motion  to  the  scene  of  disaffection;  that  those  who  have  confided  or 
shall  confide  in  the  protection  of  government  shall  meet  full  succor  under  the  stand 
ard  and  arms  of  the  United  States;  that  those  who,  having  offended  against  the  law, 
have  since  entitled  themselves  to  indemnity  will  be  treated  with  the  most  liberal 
good  faith  if  they  shall  not  have  forfeited  their  claim  by  any  subsequent  conduct, 
and  that  instructions  are  given  accordingly.  And  I  do,  moreover,  expect  all  indi 
viduals  and  bodies  of  men  to  contemplate  with  abhorrence  the  measures  leading 
directly  or  indirectly  to  those  crimes  which  produce  this  military  coercion;  to  check 
in  their  respective  spheres  the  effort  of  misguided  or  designing  men  to  substitute 
their  misrepresentations  in  the  place  of  truth  and  their  discontents  in  the  place  of 
stable  government,  and  so  call  to  mind  that  as  the  people  of  the  United  States  have 
been  permitted  under  the  Divine  favor,  in  perfect  freedom,  after  solemn  deliberation, 
and  in  an  enlightened  age,  to  elect  their  own  government,  so  will  their  gratitude  for 
this  inestimable  blessing  be  best  distinguished  by  firm  exertions  to  maintain  the 
Constitution  and  laws.  And  lastly,  I  again  warn  pU  persons  whomsoever  and  where 
soever  not  to  abet,  aid,  or  comfort  the  insurgents  aforesaid,  as  they  will  answer  the 
country  at  their  peril;  and  I  do  also  require  all  officers  and  other  citizens  according 
to  their  several  duties,  as  far  as  may  be  in  their  power,  to  bring  under  the  cognizance 
of  law  all  offenders  in  the  premises.  In  witness  whereof,  I  have  caused  the  seal  of 
the  United  States  of  America  to  be  affixed  to  these  presents,  and  signed  the  same 
with  my  hand. 

Done  at  the  city  of  Philadelphia,  the  25th  day  of  September,  seventeen  hundred 
and  ninety-four,  and  of  the  Independence  of  the  United  States  of  America  the  nine 
teenth. 

GEO.  WASHINGTON.     [L.  s.] 

By  the  President: 
EDM.  RANDOLPH. 

True  copy. 

GEORGE  TAYLOR. 

The  New  Jersey  militia  reported  on  the  10th  day  of  October,  under 
the  command  of  Governor  Howell;  the  Pennsylvania  men  were  com 
manded  by  Generals  Irvin  and  Chambers,  those  from  Maryland  by 
General  Smith,  those  from  Virginia  under  General  Morgan.  The  seat 
of  government  being  then  at  Philadelphia,  the  President  journeyed  to 
Bedford,  by  way  of  Carlisle,  where  he  at  once  established  subordination 
among  the  undisciplined  troops,  organized  them  into  smaller  bodies 
for  effective  handling,  and  prepared  them  for  immediate  movement  on 
the  insurgents,  then  believed  to  number  some  16,000.  His  instructions 
to  Governor  Lee  are  dated  at  Bedford,  October  20,  1794,  and  are  us 
follows: 


THE    WHISKY    INSURRECTION,   1794.  39 

BEDFORD,   October  20,  1794. 

SIR:  I  have  it  in  special  instruction  from  the  President  of  the  United  States,  now 
at  this  place,  to  convey  to  you,  on  his  behalf,  the  following  instructions  for  the  gen 
eral  direction  of  your  conduct  in  command  of  the  militia  army  with  which  you  are 
charged : 

The  objects  for  which  the  militia  have  been  called  forth  are: 

1.  To  suppress  the  combinations  which  exist  in  some  of  the  western  counties  of 
Pennsylvania  in  opposition  to  the  laws  laying  duties  upon  spirits  distilled  within 
the  United  States  and  upon  stills. 

2.  To  cause  the  laws  to  be  executed. 
These  objects  are  to  be  effected  in  two  ways: 

1.  By  military  force. 

2.  By  judiciary  process  and  other  civil  proceedings. 
The  objects  of  the  military  force  are  twofold: 

1.  To  overcome  any  armed  opposition  which  may  exist. 

2.  To  countenance  and  support  the  civil  officers  in  the  means  of  executing  the 
laws. 

With  a  view  to  the  first  of  these  two  objects,  you  may  proceed  as  speedily  as  may 
be,  with  the  army  under  your  command,  into  the  insurgent  counties  to  attack  and, 
as  far  as  shall  be  in  your  power,  subdue  all  persons  whom  you  may  find  in  arms  in 
opposition  to  the  laws  above  mentioned.  You  will  inarch  your  army  in  two  columns 
from  the  places  where  they  are  now  assembled,  by  the  most  convenient  routes,  hav 
ing  regard  to  the  nature  of  the  roads,  the  convenience  of  supply,  and  the  facility  of 
cooperation  and  union,  and  bearing  in  mind  that  you  ought  to  act,  until  the  contrary 
shall  be  fully  developed,  on  the  general  principle  of  having  to  contend  with  the 
whole  force  of  the  counties  of  Fayette,  Westmoreland,  Washington,  and  Allegheny, 
and  of  that  part  of  Bedford  which  lies  westward  of  the  town  of  Bedford,  and  that 
you  are  to  put  as  little  as  possible  to  hazard.  The  approximation,  therefore,  of  your 
columns  is  to  be  sought,  and  the  subdivision  of  them  so  as  to  place  the  parts  out  of 
mutual  supporting  distance  to  be  avoided,  as  far  as  local  circumstances  will  permit. 
Parkinsons  Ferry  appears  to  be  a  proper  point  toward  which  to  direct  the  march  of 
the  columns  for  the  purpose  of  ulterior  measures. 

When  arrived  within  the  insurgent  country,  if  an  armed  opposition  appear,  it 
may  be  proper  to  publish  a  proclamation  inviting  all  good  citizens,  friends  to  the 
Constitution  and  laws,  to  join  the  United  States.  If  no  armed  opposition  exist,  it 
may  still  be  proper  to  publish  a  proclamation,  exhorting  to  a  peaceful  and  dutiful 
demeanor  and  giving  assurances  of  performing,  with  good  faith  and  liberality,  what 
soever  may  have  been  promised  by  the  commissioners  to  those  who  have  complied 
with  the  conditions  prescribed  by  them  and  who  have  not  forfeited  their  title  by 
subsequent  misdemeanor. 

Of  these  persons  in  arms,  if  any,  whom  you  may  make  prisoners:  Leaders,  includ 
ing  all  persons  in  command,  are  to  be  delivered  to  the  civil  magistrates;  the  rest  to 
be  disarmed,  admonished,  and  sent  home  (except  such  as  may  have  been  particularly 
violent  and  also  influential),  causing  their  own  recognizances  for  their  good  behavior 
to  be  taken  in  the  cases  which  it  may  be  deemed  expedient. 

With  a  view  to  the  second  point,  namely,  the  countenance  and  support  of  the  civil 
officers  in  the  means  of  executing  their  laws,  you  will  make  such  dispensations  as 
shall  appear  proper  to  countenance  and  protect,  and,  if  necessary  and  required  by 
them,  to  support  and  aid  the  civil  officers  in  the  execution  of  their  respective  duties; 
for  bringing  offenders  and  delinquents  to  justice;  for  seizing  the  stills  of  delinquent 
distillers,  as  far  as  the  same  shall  be  deemed  eligible  by  the  supervisor  of  the  revenue 
or  chief  officer  of  inspection;  and  also  for  conveying  to  places  of  safe  custody  such 
persons  as  may  be  apprehended  and  not  admitted  to  bail. 


40  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

The  objects  of  judiciary  process  and  other  civil  proceedings  shall  be: 

1.  To  bring  offenders  to  justice. 

2.  To  enforce  penalties  on  delinquent  distillers  by  suit. 

3.  To  enforce  the  penalties  of  forfeiture  on  the  same  persons  by  the  seizure  of  their 
stills  and  spirits. 

The  better  to  effect  these  purposes,  the  judge  of  the  district,  Richard  Peters,  esq., 
and  the  attorney  of  the  district,  William  liawl,  esq.,  accompany  the  army. 

You  are  aware  that  the  judge  can  not  be  controlled  in  his  functions,  but  I  count 
on  his  disposition  to  cooperate  in  such  a  general  plan  as  shall  appear  to  you  consist 
ent  with  the  policy  of  the  case;  but  your  method  of  giving  direction  to  proceedings, 
according  to  your  general  plan,  will  be  by  instructions  to  the  district  attorney. 

He  ought  particularly  to  be  instructed  (with  due  regard  to  time  and  circum 
stances):  First,  to  procure  to  be  arrested  all  influential  actors  in  riots  and  unlawful 
assemblies  relating  to  the  insurrection  and  combination  to  resist  the  laws  or  having 
for  object  to  abet  that  insurrection  and  these  combinations,  and  who  shall  not  have 
complied  with  the  terms  offered  by  the  commissioners  or  manifested  their  repent 
ance  in  some  other  way  wThich  you  may  deem  satisfactory;  second,  to  cause  proc 
ess  to  issue  for  enforcing  penalties  on  delinquent  distillers;  third,  to  cause  offend 
ers  who  may  be  arrested  to  be  conveyed  to  jails  where  there  will  be  no  danger 
of  rescue — those  for  misdemeanors  to  the  jails  of  York  and  Lancaster,  those  for 
capital  offenses  to  the  jail  of  Philadelphia,  as  more  secure  than  the  others;  fourth, 
prosecute  indictable  offenses  in  the  court  of  the  United  States — those  for  penalties  or 
delinquents,  under  the  laws  before  mentioned,  in  the  courts  of  Pennsylvania. 

As  a  guide  in  the  case,  the  district  attorney  has  with  him  a  list  of  the  persons  who 
have  availed  themselves  of  the  offers  of  the  commissioners  on  the  day  appointed. 

The  seizure  of  stills  is  of  the  province  of  the  supervisor  and  other  officers  of  inspec 
tion.  It  is  difficult  to  chalk  out  a  precise  line  concerning  it.  There  are  opposite 
considerations  which  will  require  to  be  nicely  balanced,  and  which  must  be  judged 
of  by  those  officers  on  the  spot.  It  may  be  useful  to  confine  the  seizure  of  stills  to 
the  most  leading  and  refractory  distillers.  It  may  be  advisable  to  extend  them  far 
into  the  most  refractory  county. 

When  the  insurrection  is  subdued  and  the  requisite  means  have  been  put  in  execu 
tion  to  secure  obedience  to  the  laws,  so  as  to  render  it  proper  for  the  army  to  retire 
(an  event  which  you  will  accelerate  as  much  as  shall  be  consistent  with  the  object), 
you  will  endeavor  to  make  an  arrangement  for  attaching  such  a  force  as  you  may 
deem  adequate,  to  be  stationed  within  the  disaffected  counties  in  such  a  manner  as 
best  to  afford  protection  to  well-disposed  citizens  and  the  officers  of  the  revenue  and 
to  suppress  by  their  presence  the  spirit  of  riot  and  opposition  to  the  laws. 

But  before  you  withdraw  the  army  you  shall  promise  on  behalf  of  the  President 
a  general  pardon  to  all  such  as  shall  not  have  been  arrested,  with  such  exceptions  as 
you  shall  deem  proper.  The  promise  must  be  so  guarded  as  not  to  affect  pecuniary 
claims  under  the  revenue  law.  In  this  measure  it  is  advisable  there  should  be  a 
cooperation  with  the  governor  of  Pennsylvania. 

On  the  return  of  the  army  you  will  adopt  some  convenient  and  certain  arrange 
ments  for  restoring  to  the  public  magazines  the  arms,  accouterments,  military  stores, 
tents  and  other  articles  of  camp  equipage,  and  entrenching  tools  which  have  been 
furnished,  and  shall  not  have  been  consumed  or  lost. 

You  are  to  exert  yourself  by  all  possible  means  to  preserve  discipline  amongst  the 
troops,  particularly  a  scrupulous  regard  to  the  rights  of  persons  and  property,  and  a 
respect  for  the  authority  of  the  civil  magistrates,  taking  especial  care  to  inculcate  and 
cause  to  be  observed  this  principle,  that  the  duties  of  the  army  are  confined  to 
attacking  and  subduing  of  armed  opponents  of  the  laws  and  to  the  supporting  and 
aiding  of  the  civil  officers  in  the  execution  of  their  functions. 


THE    WHISKY    INSURRECTION,   1794.  41 

It  has  been  settled  that  the  governor  of  Pennsylvania  will  be  second,  the  governor 
of  New  Jersey  third  in  command,  and  that  the  troops  of  the  several  States  in  line,  on 
the  march,  and  upon  detachment  are  to  be  posted  according  to  the  rule  which  pre 
vailed  in  the  army  during  the  late  war,  namely,  in  moving  toward  the  seaboard,  the 
most  southern  troops  will  take  the  right;  in  moving  toward  the  north,  the  most 
northern  troops  will  take  the  right. 

These  general  instructions,  however,  are  to  be  considered  as  liable  to  such  altera 
tions  and  deviations  in  the  detail  as  from  local  and  other  causes  may  be  found  nec 
essary  the  better  to  effect  the  main  object  upon  the  general  principles  which  have 
been  indicated. 

With  great  respect,  I  have  the  honor  to  be,  sir, 
Your  obedient  servant, 

ALEXANDER  HAMILTON. 
Truly  copied  from  the  original. 

B.  DANDRIDGE, 
Secretary  to  President  of  the  United  States. 

The  alacrity  with  which  the  President's  call  for  militia  was  responded 
to,  their  prompt  concentration,  the  determined  attitude  of  the  Govern 
ment,  no  less  than  the  presence  of  Gen.  Harry  Lee  and  General 
Washington,  who  were  recognized  by  even  the  more  desperate  element 
among  the  insurgents  to  be  men  of  courage  and  determination,  com 
bined  to  settle  the  matter  at  once  so  far  as  continued  resistance  was 
concerned.  The  troops  met  everywhere  the  most  complete  submis 
sion.  The  insurgents  held  a  crowded  meeting  at  Parkinsons  Ferry  on 
the  24th  of  October,  and  passed  resolutions  of  submission  to  authority, 
promising  that  the  excise  officers  might  safely  proceed  to  their  business 
and  that  all  excise  taxes  and  duties  would  be  promptly  paid.  (History 
of  the  Insurrection  in  the  Four  Western  Counties  of  Penns}Tlvania,  by 
Wm.  Findlay,  M.  C.,  Philadelphia,  1796;  History  of  the  Western 
Insurrection,  by  H.  M.  Brackenridge,  Pittsburgh,  1859.) 

Although  the  insurrection  was  apparentfy  at  an  end,  a  condition  of 
affairs  whereby  a  disaffected  section  of  the  country  or  a  timid  governor 
could  jeopardize  the  existence  of  the  entire  Republic  seemed  to  possess 
elements  of  danger  that  called  for  serious  consideration.  Several  bills 
were  introduced  into  Congress  looking  to  a  more  efficient  organization 
of  the  militia;  to  the  creation  of  a  regular  army;  to  increasing  the 
powers  of  the  President.  To  meet  the  existing  emergency  an  act  was 
passed  (November  29, 1794)  authorizing  the  President,  in  his  judgment, 
to  call  out  and  station  in  the  four  western  counties  of  Pennsylvania  a 
force  of  militia  not  exceeding  2,500  officers  and  men  for  a  period  not 
to  exceed  three  months,  for  the  purpose  of  suppressing  unlawful  com 
binations  and  to  cause  the  laws  to  be  duly  executed  (1  Stat.  L.,  403). 
In  his  annual  message  for  the  year  1794  the  President  devoted  much 
space  to  a  recital  of  the  recent  events  in  western  Pennsylvania  and  to 
a  vigorous  defense  of  his  conduct. 

While  there  is  cause  to  lament  that  occurrences  of  this  nature  should  have  disgraced 
the  name  or  interrupted  the  tranquillity  of  any  part  of  our  community,  or  should 
have  diverted  to  a  new  application  any  portion  of  the  public  resources,  there  are  not 


42  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

wanting  real  and  substantial  consolations  for  the  misfortune.  It  has  demonstrated 
that  our  prosperity  rests  on  solid  foundations,  by  furnishing  an  additional  proof  that 
my  fellow-citizens  understand  the  true  principles  of  government  and  liberty;  that 
they  feel  their  inseparable  union;  that  notwithstanding  all  the  devices  which  have 
been  used  to  sway  them  from  their  interest  and  duty,  they  are  now  as  ready  to  main 
tain  the  authority  of  the  laws  against  licentious  invasions  as  they  were  to  defend 
their  rights  against  usurpation.  It  has  been  a  spectacle  displaying  to  the  highest 
advantage  the  value  of  republican  government  to  behold  the  most  and  the  least 
wealthy  of  our  citizens  standing  in  the  same  ranks  as  private  soldiers,  preeminently 
distinguished  by  being  the  army  of  the  Constitution — undeterred  by  a  march  of  300 
miles  over  rugged  mountains,  by  the  approach  of  an  inclement  season,  or  by  any 
other  discouragement.  Nor  ought  I  to  omit  to  acknowledge  the  efficacious  and  patri 
otic  cooperation  which  I  have  experienced  from  the  chief  magistrates  of  the  States 
to  which  my  requisitions  have  been  addressed. 

In  the  arrangements  to  which  the  possibility  of  a  similar  contingency  will  naturally 
draw  your  attention  it  ought  not  to  be  forgotten  that  the  militia  laws  have  exhibited 
such  striking  defects  as  could  not  have  been  supplied  but  by  the  zeal  of  our  citizens, 
Besides  the  extraordinary  expense  and  waste,  which  are  not  the  least  of  the  defects, 
every  appeal  to  those  laws  is  attended  with  a  doubt  on  its  success. 

The  devising  and  establishing  of  a  well-regulated  militia  would  be  a  genuine  source 
of  legislative  honor  and  a  perfect  title  to  public  gratitude.  I  therefore  entertain  a 
hope  that  the  present  session  will  not  pass  without  carrying  to  its  full  energy  the 
power  of  organizing,  arming,  and  disciplining  the  militia,  and  thus  providing,  in  the 
language  of  the  Constitution,  for  calling  them  forth  to  execute  the  laws  of  the  Union, 
suppress  insurrections,  and  repel  invasions. 

As  already  stated,  the  subject  was  frequently  debated  in  both  Houses 
during  the  second  session  of  the  Third  Congress.  It  was,  among  other 
projects,  proposed  to  enroll  a  "select  corps  of  militia,"  to  be  at  the 
special  control  of  the  President  in  cases  of  invasion  or  insurrec 
tion  (H.  R.  Journal,  Third  Congress,  p.  101);  to  authorize  the  Presi 
dent  to  call  on  the  executives  of  the  States  "to  organize,  arm  and 
equip,  and  hold  in  readiness  to  march  at  a  moment's  warning"  80,000 
effective  militia  (ibid.,  108);  to  enable  the  President  to  march  the 
militia  to  suppress  insurrections  in  the  States  (ibid.,  114).  This  dis 
cussion  culminated  in  the  act  of  February  28,  1795  (1  Stat.  L.,  4-24), 
repealing  the  prior  act  of  May  2,  1792,  and  laying  down  the  principle 
that  the  President  alone  is  to  be  the  judge  of  the  exigency.  In  the  case 
of  an  insurrection  in  any  State  against  the  government  of  that  State  it 
shall  ~be  lawful  for  the  President  to  call  forth  the  militia  of  that  or  any 
other  State  to  suppress  it,  but  not  imperative  that  he  shall  do  so. 
And  in  the  event  of  an  opposition  to  the  execution  of  any  Federal  law 
it  shall  be  lawful  for  the  President,  without  further  advice  of  Con 
gress  or  of  any  supreme  justice,  as  in  the  prior  statute,  to  call  forth 
the  militia  of  that  or  of  any  other  State  for  the  purpose  of  causing  the 
law  to  be  duly  executed.  This  is,  perhaps,  to  repeat  what  has  already 
been  stated  in  the  first  pages  of  this  chapter,  but  it  is  necessary  in  con 
nection  with  events  that  followed  closely  after. 

Another  insurrection  broke  out  in  Pennsylvania  in  the  spring  of 
1799.  The  Congress  had  passed  an  act  providing  for  the  raising  of  a 


FKTES'S    INSURRECTION,   1799.  48 

revenue  by  direct  taxation,  and  as  a  means  of  arriving  at  the  valuation 
of  lands,  dwelling  houses,  and  stores  commissioners  were  authorized 
to  value  and  enumerate  the  same  and  to  make  written  lists,  which,  so 
far  as  regarded  dwelling  houses,  were  to  specify  "their  situation,  their 
dimensions  and  area,  their  number  of  stories,  the  number  and  dimen 
sions  of  their  windows,  the  materials  whereof  they  are  built  (whether 
wood,  brick,  or  stone),  the  number,  description,  and  dimensions  of  the 
outhouses  appurtenant  to  them,  etc."  (Approved  July  9,  1798;  1 
Stat.  L.,  580.)  Many  people  in  all  sections  of  the  country  resented  this 

intrusion  upon  their  personal  and  domestic  rights,  made 
insurrection,       necessary  by  an  examination  of  their  dwelling  houses, 

while  the  provision  which  contemplated  the  measuring 
of  every  window  was  especially  offensive.  In  southeastern  Pennsyl 
vania,  through  a  section  embracing  the  counties  of  Lehigh,  Berks, 
Northampton,  and  a  part  of  Bucks  and  Montgomery,  settled  largely  by 
Germans,  this  process  of  qlomiciliary  intrusion  for  the  purpose  of  meas 
urement  met  the  most  violent  opposition.  In  some  instances  the 
"measurers"  were  deluged  with  scalding  water  by  the  women  from 
upper  windows;  in  others,  were  violently  ejected  by  the  men.  The 
officials  invoked  the  law,  and  warrants  were  issued  for  the  arrest  of 
some  of  those  who  had  been  uncommonly  active  in  resistance.  In  the 
village  of  Bethlehem,  in  Northampton  County,  a  marshal's  posse  having 
some  thirty  prisoners  was  attacked  on  the  7th  day  of  March,  1799,  by 
a  body  of  mounted  men  numbering  one  hundred  or  more,  under  the 
command  of  one  John  Fries,  and  the  prisoners  rescued. 

This  was  so  plainly  a  case  of  opposition  to  the  execution  of  the  Fed 
eral  laws  that  the  President  lost  no  time  in  calling  upon  the  governor 
of  the  State  for  sufficient  militia  to  put  down  the  insurrection.  To 
this  Governor  Miiflin  responded  by  calling  out  1,000  men  from  Phila 
delphia,  Bucks,  Chester,  Montgomery,  and  Lancaster,  under  the  com 
mand  of  Gen.  William  MePherson,  and  moving  them  at  once  to  the 
scene  of  disturbance.  The  President's  proclamation  is  dated  March 
12,  1799,  and  is  as  follows: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  combinations  to  defeat  the  execution  of  the  laws  for  the  valuation  of 
lands  and  dwelling  houses  within  the  United  States  have  existed  in  the  counties  of 
Northampton,  Montgomery,  and  Bucks,  in  the  State  of  Pennsylvania,  and  have  pro 
ceeded  in  a  manner  subversive  of  the  just  authority  of  the  Government,  by  misrep 
resentations,  to  render  the  laws  odious;  by  deterring  the  public  officers  of  the  United 
States,  to  forbear  the  execution  of  their  functions;  and  by  openly  threatening  their 
lives;  and 

Whereas,  the  endeavors  of  the  well-affected  citizens,  as  well  as  of  the  executive 
officers,  to  conciliate  a  compliance  with  those  laws  have  failed  of  success,  and  certain 
persons  in  the  county  of  Northampton  aforesaid  have  been  hardy  enough  to  perpe 
trate  certain  acts  which,  I  am  advised,  amount  to  treason,  being  overt  acts  of  levying 


44  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

war  against  the  United  States,  the  said  persons,  exceeding  one  hundred  in  number 
and  armed  and  arrayed  in  a  warlike  manner,  having,  on  the  7th  day  of  this  present 
month  of  March,  proceeded  to  the  house  of  Abraham  Lovering,  in  the  town  of 
Bethlehem,  and  there  compelled  William  Nichols,  marshal  of  the  United  States  in 
and  for  the  district  of  Pennsylvania,  to  desist  from  the  execution  of  certain  legal 
process  in  his  hands  to  be  executed,  and  having  compelled  him  to  discharge  and  set 
at  liberty  certain  persons  whom  he  had  arrested  by  virtue  of  criminal  process  duly 
issued  for  offenses  against  the  United  States,  and  having  impeded  and  prevented  the 
commissioner  and  the  assessors,  appointed  in  conformity  with  the  laws  aforesaid,  in 
the  county  of  Northampton  aforesaid,  by  threats  and  personal  injury,  from  executing 
the  said  laws,  avowing  as  the  motives  of  these  illegal  and  treasonable  proceedings  an 
intention  to  prevent  by  force  of  arms  the  execution  of  the  said  laws  and  to  withstand 
by  open  violence  the  lawful  authority  of  the  Government  of  the  United  States;  and 

Whereas,  by  the  Constitution  and  laws  of  the  United  States  I  am  authorized, 
whenever  the  lawTs  of  the  United  States  shall  be  opposed  or  the  execution  thereof 
obstructed  in  any  State  by  combinations  too  powerful  to  be  suppressed  by  the  ordi 
nary  course  of  judicial  proceedings  or  by  the  powers  vested  in  the  marshals,  to  call 
forth  military  force  to  suppress  such  combinations  and  to  cause  the  laws  to  be  duly 
executed;  and 

Whereas,  it  is  in  my  judgment  necessary  to  call  forth  military  force  in  order  to 
suppress  the  combinations  aforesaid  and  to  cause  the  laws  aforesaid  to  be  duly  exe 
cuted,  and  I  have  accordingly  determined  so  to  do,  under  the  solemn  conviction  that 
the  essential  interests  of  the  United  States  demand  it : 

Wherefore,  I,  John  Adams,  President  of  the  United  States,  do  hereby  command  all 
persons  being  insurgents  as  aforesaid,  and  all  others  whom  it  may  concern,  on  or 
before  Monday  next,  being  the  18th  day  of  this  present  month,  to  disperse  and  retire 
peaceably  to  their  respective  abodes;  and  I  do  moreover  warn  all  persons  whom 
soever  against  aiding,  abetting,  or  comforting  the  perpetrators  of  the  aforesaid  trea 
sonable  acts.  And  I  do  require  all  officers  and  others,  good  and  faithful  citizens, 
according  to  their  respective  duties  and  the  laws  of  the  land,  to  exert  their  utmost 
endeavors  to  prevent  and  suppress  such  dangerous  and  unlawful  proceedings. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  of  America  to  be 
affixed  to  these  presents,  and  signed  the  same  with  my  hand. 

Done  at  the  city  of  Philadelphia,  the  12th  day  of  March,  in  the  year  of  our  Lord 
seventeen  hundred  and  ninety-nine,  and  of  the  Independence  of  the  said  United 
States  of  America  the  twenty-third. 

[SEAL.]  JOHN  ADAMS. 

By  the  President: 

TIMOTHY  PICKERING, 

Secretary  of  State. 

The  appearance  of  the  troops  was  the  signal  for  the  cessation  of  all 
disturbance.  Not  the  slightest  opposition  was  manifested  to  them; 
Fries  and  about  thirty  others  most  prominent  in  the  affair  were 
arrested  and  taken  to  Philadelphia,  where  they  were  tried  for  resisting 
the  laws,  and  most  of  them  convicted.  Fries  was  indicted  for  treason, 
tried,  found  guilty,  and  sentenced  to  punishment.  The  President  sub 
sequently  pardoned  the  entire  party  through  a  proclamation. 

PROCLAMATION  BY  JOHN  ADAMS,  PRESIDENT  OP  THE  UNITED  STATES  OF  AMERICA. 

Whereas,  the  late  wicked  and  treasonable  insurrection  against  the  just  authority  of 
the  United  States  of  sundry  persons  in  the  counties  of  Northampton,  Montgomery, 
and  Bucks,  in  the  State  of  Pennsylvania,  in  the  year  1799,  having  been  speedily  sup 
pressed  without  any  of  the  calamities  usually  attending  rebellion;  whereupon  peace, 


OUR    SOUTHWESTERN    FRONTIER,    1800-1807.  45 

order,  and  submission  to  the  laws  of  the  United  States  were  restored  in  the  aforesaid 
counties,  and  the  ignorant,  misguided,  and  misinformed  in  the  counties  have  returned 
to  a  proper  sense  of  their  duty,  whereby  it  is  become  unnecessary  for  the  public  good 
that  any  future  prosecutions  should  be  commenced  or  carried  on  against  any  person 
or  persons  by  reason  of  their  being  concerned  in  the  said  insurrection: 

Wherefore,  be  it  known  that  I,  John  Adams,  President  of  the  United  States  of 
America,  have  granted,  and  by  these  presents  do  grant,  a  full,  free,  and  absolute 
pardon  to  all  and  every  person  or  persons  concerned  in  the  said  insurrection,  except 
ing  as  hereinafter  excepted,  of  all  treasons,  misprisions  of  treason,  felonies,  misde 
meanors,  and  other  crimes  by  them  respectively,  done  or  committed  against  the  United 
States  in  either  of  the  said  counties  before  the  12th  day  of  March,  in  the  year  1799, 
excepting  and  excluding  therefrom  every  person  who  now  standeth  indicted  or  con 
victed  of  any  treason,  misprision  of  treason,  or  other  offense  against  the  United  States, 
whereby  remedying  and  releasing  unto  all  persons,  except  as  before  excepted,  all 
pains  and  penalties  incurred,  or  supposed  to  be  incurred,  for  or  on  account  of  the 
premises. 

(•liven  under  my  hand  and  the  seal  of  the  United  States  of  America,  at  the  city  of 
Philadelphia,  this  21st  day  of  May,  in  the  year  of  our  Lord  eighteen  hundred,  and 
of  the  Independence  of  the  said  States  the  twenty-fourth. 

[SEAL.]  JOHN  ADAMS. 

For  some  years  following  the  adoption  of  the  Constitution  and  the 
inauguration  of  the  new  Republic  there  were  constant  apprehensions 
of  trouble  with  the  foreign  powers  that  still  maintained  colonies  to 
the  south  and  west.  On  January  18,  1798,  a  sweeping  decree  against 
American  commerce  was  promulgated  by  the  French  Directory,  and 
was  followed  by  the  capture  of  many  American  vessels,  whose  crews 
were  treated  with  indignit}T  and  cruelty.  This  created  a  strong  anti- 
French  party.  The  French  Republic  having  repeatedly  violated  the 
treaties  made  in  1778,  Congress,  by  act  of  July  6,  1798,  declared  them 
void,  and  by  a  later  act  of  February  9,  1799,  all  commercial  inter 
course  -between  the  United  States  and  France  and  her  dependencies 
was  suspended.  There  was  great  excitement  throughout  the  country; 
the  militia  was  embodied  and  was  in  constant  expectation  of  being 
called  upon  for  active  service;  measures  were  projected  for  the  increase 
of  the  Army,  the  better  defense  of  the  Atlantic  coast,  the  creation  of 
a  navy.  But  a  better  feeling  on  the  part  of  the  French 

Our  south 
western  frontier,   Government  prevailed  about  the  close  of  the  century* 

1800-1807.  J  ' 

occasioned  by  the  accession  ot  Napoleon  to  supreme 
power,  and  this  excellent  disposition  rapidly  developed  until  it  culmi 
nated  in  the  transfer  of  the  Louisiana  Territory,  whereby,  for  a  sum 
approximating  $27,000,000,  we  disposed  of  a  troublesome  neighbor 
and  added  nearly  a  thousand  million  acres  to  our  public  domain. 

The  attitude  of  Spain  was  less  friendly;  and  now  that  Louisiana 
bad  enlarged  our  frontier,  her  possessions  extended  for  3,000  miles 
along  our  southwest  boundary.  Repeated  plans  had  been  formed  by 
the  Americans  who  resided  within  Spanish  territory  and  formed  the 
entire  population  of  hundreds  of  settlements,  to  shake  off  the  Spanish 
yoke  and  annex  themselves  to  their  countrymen  on  the  east  of  the 


46  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Mississippi,  so  that  the  Government  was  under  constant  embarrass 
ment  in  its  endeavor  to  maintain  the  laws  of  international  neutrality. 
The  Spanish  residents  along  the  boundary  increased  this  difficulty  )>3T 
their  studied  insolence  and  repeated  aggression.  The ' boundary  line 
was  indefinite  and  unsurveyed,  and  it  had  been  agreed,  pending  such 
a  survey,  that  each  government  should  retain  its  military  posts,  but 
establish  no  others,  nor  attempt  to  occupy  any  part  of  the  territory 
in  dispute.  In  June,  1806,  after  a  series  of  petty  encroachments  along 
the  frontier,  the  Spanish  commander  advanced  a  force  of  1,200  men 
across  the  Sabine  to  within  20  miles  of  Nachitoches,  the  westernmost 
settlement  in  the  Orleans  Territory.  Our  nearest  military  posts  were 
at  New  Orleans  and  St.  Louis.  These  were  hurriedly  put  in  a  state 
for  defense;  the  militia  of  Orleans  and  Missouri  were  ordered  under 
arms,  and  General  Wilkinson,  then  governor  of  Louisiana  Territory, 
assembled  the  regular  troops,  something  less  than  600  officers  and 
men,  and  marched  to  the  frontier.  "On  the  4th  of  July,  1806,"  says 
Parton,  "  there  were  not  a  thousand  persons  in  the  United  States  who 
did  not  think  war  with  Spain  inevitable,  impending,  begun.  The  coun 
try  desired  it.  A  blow  from  Wilkinson,  a  word  from  Jefferson,  would 
have  let  loose  the  dogs  of  war,  given  us  Texas,  and  changed  the  history 
of  the  two  continents."  a 

At  this  juncture  appears  one  of  the  most  remarkable  figures  in 
American  history,  as  the  head  of  a  mysterious  undertaking  the  secrets 
of  which  nearly  a  hundred  years  of  research  and  conjecture  have  failed 
to  unravel.  Precisely  what  it  was  that  Aaron  Burr  contemplated, 
when  he  first  set  on  foot  the  enterprise  that  terminated  in  his  arrest 
and  trial  for  treason,  has  never  been  discovered.  Close  investigation 

of  the  man  and  his  character  before  and  after  the  event 
Burri8oS7iracy>   imPel  the  conclusion  that  he  himself  could  not  have 

told.  Without  essaying  to  retrace  the  ground  that  has 
been  followed  by  every  American  historian  and  holding  closely  to 
facts  rather  than  conjecture,  it  will  suffice  to  say  that  while  confront 
ing  the  Spanish  camp  in  the  Sabine  country,  about  the  8th  of  October, 
1806,  General  Wilkinson  was  waited  upon  by  a  gentleman  bearing 
letters  from  Aaron  Burr,  who  on  the  4th  of  March,  1805,  had  finished 
a  term  as  Vice-President  of  the  United  States,  having  failed  by  a  single 
vote  of  reaching  the  Presidency,  and  who  was,  even  in  his  retirement, 
one  of  the  most  conspicuous  men  of  the  country.  In  these  letters  was 
apparently  concealed  a  plot  which  contemplated  the  seizure  of  Baton 
Rouge  or  New  Orleans;  the  revolutionizing  of  the  Western  country; 
the  fitting  out  from  thence  of  an  expedition  for  the  capture  of  Mexico, 
and  the  ultimate  erection  of  the  whole  into  an  empire  of  which  Burr 
should  be  the  head,  Wilkinson  second  in  command,  with  high  positions 
for  prominent  officers  of  the  Army  and  Navy.  The  whole  plan  was 

"Life  and  Times  of  Aaron  Burr  (N.  Y.,  1861),  p.  407. 


CONSPIRACY,  1805-1807.  47 

nebulous,  mysterious,  vague,  conjectural,  and  it  still  remains  so. 
Wilkinson,  who  has  been  charged  with  complicity  in  the  plot  and 
whose  conduct  in  the  matter  is  in  many  respects  inexplicable,  sent  the 
papers  by  a  special  messenger  to  Washington,  and  they  were  placed 
in  the  hands  of  the  President  on  the  25th  of  November.  On  the  27th 
he  issued  a  proclamation  in  the  following  words,  in  which  the  name  of 
Burr  is  carefully  avoided.  In  Wilkinson's  dispatches  he  had  stated 
that  he  did  not  know  who  was  the  prime  mover  of  the  conspiracy;  but 
there  was  every  reason  for  believing  that  Burr's  association  with  it 
was  well  known  to  the  President.  In  fact,  it  is  admitted  in  his  message 
to  Congress  of  January  22,  1807/' 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  information  has  been  received  that  sundry  persons,  citizens  of  the  United 
States  or  residents  within  the  same,  are  conspiring  and  confederating  together  to 
begin  and  set  on  foot,  provide,  and  prepare  the  means  for  a  military  expedition  or 
enterprise  against  the  dominions  of  Spain;  that  for  this  purpose  they  are  fitting  out 
and  arming  vessels  in  the  western  waters  of  the  United  States,  collecting  provisions, 
arms,  military  stores,  and  means;  are  deceiving  and  seducing  honest  and  well- 
meaning  citizens,  under  various  pretenses,  to  engage  in  their  criminal  enterprises; 
are  organizing,  officering,  and  arming  themselves  for  the  same,  contrary  to  the  laws 
in  such  cases  made  and  provided: 

I  have  therefore  thought  proper  to  issue  this  my  proclamation,  warning  and 
enjoining  all  faithful  citizens  who  have  been  led  without  due  knowledge  or  consid 
eration  to  participate  in  the  said  unlawful  enterprises  to  withdraw  from  the  same 
without  delay,  and  commanding  all  persons  whatsoever  engaged  or  concerned  in  the 
same  to  cease  all  further  proceedings  therein,  as  they  will  answer  the  contrary  at 
their  peril  and  incur  prosecution  with  all  the  rigors  of  the  law.  And  I  hereby 
enjoin  and  require  all  officers,  civil  and  military,  of  the  United  States,  or  of  any  of 
the  States  or  Territories,  and  especially  all  governors  and  other  executive  authorities, 
all  judges,  justices,  and  other  officers  of  the  peace,  all  military  officers  of  the  Army 
or  Navy  of  the  United  States,  or  officers  of  the  militia,  to  be  vigilant,  each  within 
his  respective  department  and  according  to  his  functions,  in  searching  out  and 
bringing  to  condign  punishment  all  persons  engaged  or  concerned  in  such  enter 
prise,  in  seizing  and  detaining,  subject  to  the  disposition  of  the  law,  all  vessels,  arms, 
military  stores,  or  other  means  provided  or  providing  for  the  same,  and,  in  general, 
in  preventing  the  carrying  on  such  expedition  or  enterprise  by  all  lawful  means 
within  their  power;  and  I  require  all  good  and  faithful  citizens  and  others  within 
the  United  States  to  be  aiding  and  assisting  herein,  and  especially  in  the  discovery, 
apprehension,  and  bringing  to  justice  of  all  such  offenders,  in  preventing  the  execu 
tion  of  their  unlawful  designs,  and  in  giving  information  against  them  to  the  proper 
authorities. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  to  be  affixed  to 
these  presents,  and  have  signed  the  same  writh  my  hand. 

Given  at  the  city  of  Washington,  on  the  27th  day  of  November,  eighteen  hundred 
and  six,  and  in  the  year  of  the  sovereignty  of  the  United  States  the  thirty-first. 

[SEAL.]  TH:  JEFFERSON. 

By  the  President: 
JAMES  MADISON, 

Secretary  of  State. 

«  Messages  and  Papers  of  the  Presidents  (Richardson),  Vol.  I,  p.  412. 


48  FEDEEAL    AID    IN    DOMESTIC    DISTURBANCES. 

In  the  message  above  referred  to  the  President  asserts  that  Burr's 
designs  seem  to  differ  as  they  are  revealed  by  different  informants. 
One  was  a  severance  of  the  Union  by  the  Allegheny  Mountains;  a 
second  an  attack  on  Mexico;  a  third  the  settlement  of  a  pretended 
purchase  of  a  tract  of  country  on  the  Washita.  That  finding  the 
attachment  of  the  Western  country  to  the  Union  was  not  to  be  shaken, 
he  determined  to  seize  New  Orleans,  plunder  the  bank  there,  seize  the 
militar3T  and  naval  stores,  and  proceed  on  his  expedition  to  Mexico. 
It  was  upon  this  theory  that  the  Government  proceeded  to  act.  Orders 
were  dispatched  to  every  point  on  the  Ohio  and  Mississippi  from 
Pittsburg  to  New  Orleans  for  the  employment  of  regular  troops  or 
militia  to  arrest  all  persons  concerned  and  to  suppress  the  further 
progress  of  the  enterprise.  The  governor  and  legislature  of  Ohio 
were  prompt  to  act;  the  militia  were  called  out,  and  dispatched  at  once 
to  Marietta,  opposite  Blennerhassett  Island,  in  the  Ohio  River,  where 
it  was  known  that  Burr  was  building  boats  and  collecting  stores;  fifteen 
boats  were  captured,  but  Burr  with  two  other  boats  had  escaped.  The 
island  was  a  part  of  the  State  of  Virginia,  and  the  Ohio  militia  could 
not  visit  it;  but  under  the  authority  of  the  proclamation  the  colonel 
of  a  militia  regiment  in  Wood  County,  Va.,  called  out  his  men  and 
took  possession  of  the  island,  where  they  destroyed  considerable  prop 
erty  and  committed  much  vandalism,  but  failed  to  discover  the  fugi 
tives.  Many  years  afterwards  Mrs.  Blennerhassett  petitioned  Congress 
for  indemnification  for  these  depredations,  but  without  avail." 

In  the  meantime  Burr  had  reached  Nashville.  The  governor  of 
Kentucky  had  called  out  his  militia  and  detachments  had  been  stationed 
at  various  river  points,  but  the  two  boats  had  passed  them  unnoticed. 
On  the  19th  of  December  the  proclamation  reached  the  governor  of 
Tennessee,  who  immediately  ordered  out  a  body  of  militia  with  orders 
to  seize  the  boats  and  arrest  the  men.  Again  the  news  reached  Burr 
in  time  to  enable  him  to  drop  down  the  river  into  the  Mississippi 
Territory.  He  reached  Ba}rou  Pierre,  30  miles  above  Natchez,  where 
he  first  learned  of  Wilkinson's  course,  and  of  a  proclamation  of  the 
governor  of  Mississippi  calling  upon  his  militia  to  arrest  him  and 
crush  his  plot.  The  militia  came  up  to  the  boats  on  the  loth  of  Jan 
uary,  1807,  and  Burr  agreed  to  surrender  upon  proper  legal  process. 
A  grand  jury  was  at  once  impaneled,  but  instead  of  presenting  the 
expected  indictment  they  declared  Burr  innocent  of  any  crime  or 
misdemeanor  against  the  laws  of  the  United  States  or  of  Mississippi 
Territory,  condemned  the  calling  out  of  the  militia  as  foolish  and 
unnecessary,  and  denounced  the  arrests  as  unwarranted  and  unjustifi 
able.  Burr  then  resolved  to  make  his  way  across  the  country  to  Pen- 
sacola,  then  Spanish  territory,  where  he  hoped  to  find  refuge.  He 

«  Senate  Doc.  No.  394,  Twenty-seventh  Congress,  second  session. 


A  EEGULAE  AEMY  CEEATED.  49 

succeeded  in  reaching  the  frontier,  but  before  he  could  cross  it  he 
was  arrested  by  a  detachment  of  regular  troops  under  Capt.  (after 
ward  Maj.  Gen.)  E.  P.  Gaines  and  taken  to  Fort  Stoddart.  Burr 
was  brought  before  the  United  States  circuit  court  at  Richmond, 
Va.,  August  3,  1807,  on  an  indictment  for  treason,  and  on  August  31 
the  jury  brought  in  a  verdict  of  "  not  guilty."  A  second  trial  followed 
on  the  charge  of  misdemeanor,  and  on  this  he  was  again  acquitted  on 
the  ground  that  the  offense  was  not  committed  in  Virginia,  but  in 
Ohio.  The  Government  made  no  further  prosecution  and  Burr  left 
the  country  soon  after  for  a  long  period  of  exile. n 

Up  to  this  time,  and  for  some  years  later,  the  Regular  Army  was 
too  few  in  numbers  to  warrant  its  employment  for  other  purpose  than 
the  manning  of  the  few  fortifications  on  the  seacoast  and  the  protection 
of  the  frontier.  The  first  recognition  of  the  Army  after  the  adoption 
of  the  Constitution  was  the  act  of  September  29,  1789,  which  author 
ized  a  force  of  TOO  men  to  be  raised  for  three  }rears,  which,  with  the 
two  companies  of  artilleiy  then  in  service,  made  an  aggregate  of  886 
officers  and  men.  This  was  increased  to  1,273  by  the  act  of  April  30, 
1790,  and  to  2,232  by  the  act  of  March  3,  1791,  but  at  no  time  was  the 

number  actually  in  service  equal  to  that  authorized. 
A  R?rlitedArmy    The  act  of  March  5,  1792,  creating  the  "Legion  of  the 

United  States,"  authorized  a  reorganization  of  this 
slender  Army  which  gave  it  an  increase  up  to  5,414,  and  this  was  sub 
stantially  its  strength  until  the  30th  of  May,  1796,  when  another  act 
reduced  it  to  3,359.  The  panic  of  1798-99,  created  by  the  fear  of  pos 
sible  hostilities  with  France,  induced  Congress  to  clothe  the  President 
with  power  to  raise  an  emergency  army,  and  by  the  various  acts  of 
May  30,  1797;  April  28,  1798;  May  28,  1798;"  July  16,  1798,  and 
March  3,  1799,  all  of  which  were  vague,  uncertain,  and  contradictory, 
an  army  was  created,  on  paper,  with  a  strength  of  50,000  men  and 
2,000  officers;  but  although  commissions  were  tendered  and  accepted 
to  nearly  the  authorized  number,  few  men  were  ever  enlisted,  and  the 
opening  of  the  new  century  found  the  Army  reduced  to  about  its 
former  strength  of  4,000  officers  and  men.  Another  attack  upon  this 
meager  force  (act  of  March  16, 1802)  reduced  it  to  3,287,  and  it  there 
remained  until  by  the  act  of  April  12,  1808,  it  was  increased  to  10,000, 
which  maximum  obtained  until  the  breaking  out  of  the  second  war 
with  Great  Britain.  During  this  period  of  evolution  it  was  quite 
impracticable  to  expect  the  Army  to  afford  any  assistance  in  case  of 
domestic  disturbances,  it  being  generally  understood  and  accepted 
that  all  duties  of  that  nature  were  the  special  work  of  the  militia. 

•''See  also  Lossing's  Cyclopaedia  of  American  History,  Vol.  I;  Pickett's  History  of 
Alabama,  vol.  2,  p.  213;  message  on  the  Burr  conspiracy,  and  accompanying  docu 
ments,  January  22,  1807;  House  of  Representatives  report  on  the  conduct  of  General 
Wilkinson,  May  1,  1810,  Eleventh  Congress,  second  session. 

S.  Doc.  209 4 


50  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

The  first  contraproposition  was  advanced  in  the  act  of  March  8,  1807 
(2Stat.  L.,  443): 

That  in  all  cases  of  insurrection  or  obstruction  to  the  laws,  either  of  the  United 
States  or  of  any  individual  State  or  Territory,  where  it  is  lawful  for  the  President  of 
the  United  States  to  call  forth  the  militia  for  the  purpose  of  suppressing  such  insur 
rection  or  of  causing  the  laws  to  be  duly  executed,  it  shall  be  lawful  for  him  to 
employ,  for  the  same  purposes,  such  part  of  the  land  or  naval  force  of  the  United 
States  as  shall  be  judged  necessary,  having  first  observed  all  the  prerequisites  of  the 
law  in  that  respect. 

The  occasion  for  the  exercise  of  this  judgment  was  already  develop 
ing*.  The  embargo  act  of  Congress  of  December  2*2,  1807,  supple 
mented  by  that  of  March  12,  1808,  prohibiting  the  departure  of  any 
vessel  from  any  port  of  the  United  States,  and  ordering  all  American 
vessels  abroad  to  return  home  forthwith,  which  aroused  the  most  vio 
lent  and  incessant  opposition  throughout  the  country,  was  nowhere 
received  with  greater  dismay  and  consternation  than  by  the  people  of 
northern  Vermont  along  the  shores  of  Lake  Champlain.  Depending 
entirely  upon  Canada  as  a  market  for  the  cattle,  timber,  and  other 
products,  which  constituted  the  chief  articles  of  export,  and  upon  the 
articles  of  wear  and  sustenance  received  in  exchange,  the  effect  of  this 
law  was  to  simply  take  from  them  their  sole  means  of  support  and  to 
goad  them  to  resistance.  Immediately  upon  receipt  of  the  official 
cop}7  of  the  law  the  collector  of  the  Vermont  district,  Mr.  Penniman, 
advised  Mr.  Gallatin,  the  Secretary  of  the  Treasury,  that  it  would  be 
impossible  to  execute  it  without  a  military  force.  This  report  hav 
ing  been  sent  to  the  President,  he  called  the  members  of  the  Vermont 
delegation  in  Congress  into  consultation  and,  upon 

embargo  troubles,  their  advice,  decided  that  it  was  most  important  to 
crush  at  once  every  example  of  forcible  opposition  to 
the  law.  The  collector  was  accordingly  instructed  to  arm,  equip,  and 
man  as  many  vessels  as  he  might  think  necessary — with  volunteers,  if 
possible;  otherwise  by  force  of  arms.  At  the  same  time  the  United 
States  marshal  was  authorized,  if  the  opposition  be  too  powerful  for 
the  collector,  to  raise  his  posse  and  aid  in  suppressing  the  insurrection. 
Should  these  measures  prove  ineffective,  the  Secretary  of  War  was 
instructed  to  request  the  governor  to  publish  the  usual  proclamation 
and  to  call  out  the  militia.  (Jefferson's  Complete  Works,  vol.  5,  p. 
271.) 

On  the  5th  of  May  (1808),  by  order  of  the  governor,  Gen.  Levi 
House,  commanding  the  First  Brigade  of  Vermont  Militia,  ordered 
out  a  small  detachment  from  the  First  Regiment  in  Franklin  County, 
and  these  men  were  stationed  at  Windmill  Point.  The  proclamation 
appeared  five  days  later,  and  was  greeted  with  derision  by  the  more 
desperate  and  with  amazement  by  all.  Town  meetings  were  called  at 
various  points,  in  which  resolutions  were  framed,  unanimously  passed, 


THE    EMBARGO    TROUBLES,  1808.  51 

and  forwarded  to  Washington,  protesting  against  the  implication  that 
insurrection  and  rebellion  existed  or  that  there  was  any  other  cause 
for  the  charge  than  the  acts  of  a  few  individuals  whose  families  were 
on  the  verge  of  starvation  and  ruin  because  of  the  embargo  restric 
tions.  The  proclamation  is  as  follows: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  information  has  been  received  that  sundry  persons  are  combined  or  com 
bining  and  confederating  together  on  Lake  Champlain  and  the  country  thereto  adja 
cent  for  the  purposes  of  forming  insurrections  against  the  authority  of  the  laws  of 
the  United  States,  for  opposing  the  same  and  obstructing  their  execution,  and  that 
such  combinations  are  too  powerful  to  be  suppressed  by  the  ordinary  course  of  judi 
cial  proceedings  or  by  the  powers  vested  in  the  marshals  by  the  laws  of  the  United 
States: 

Now,  therefore,  to  the  end  that  the  authority  of  the  laws  may  be  maintained,  and 
that  those  concerned,  directly  or  indirectly,  in  any  insurrection  or  combination 
against  the  same  may  be  duly  warned,  I  have  issued  this  my  proclamation,  hereby 
commanding  such  insurgents  and  all  concerned  in  such  combination  instantly  and 
without  delay  to  disperse  and  retire  peaceably  to  their  respective  abodes.  And  I  do 
hereby  further  require  and  command  all  officers  having  authority,  civil  or  military, 
and  all  other  persons,  civil  or  military,  who  shall  be  found  within  the  vicinity  of 
such  insurrections  or  combinations  to  be  aiding  and  assisting  by  all  the  means  in 
their  power,  by  force  of  arms  or  otherwise,  to  quell  and  subdue  such  insurrections  or 
combinations,  to  seize  upon  all  those  therein  concerned  who  shall  not  instantly  and 
without  delay  disperse  and  retire  to  their  respective  abodes,  and  to  deliver  them  over 
to  the  civil  authorities  of  the  place  to  be  proceeded  against  according  to  law. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  to  be  affixed  to 
these  presents  and  signed  the  same  with  my  hand. 

Given  at  the  city  of  Washington,  the  19th  day  of  April,  eighteen  hundred  and  eight, 
and  in  the  year  of  the  sovereignty  and  Independence  of  the  United  States  the  thirty- 
second. 

[SEAL.]  TH:  JEFFERSON. 

By  the  President: 
JAMES  MADISON, 

Secretary  of  State. 

It  appearing  that  notwithstanding  the  presence  of  the  detachment  at 
Windmill  Point,  several  rafts  owned  by  the  smugglers  passed  into 
Canada,  another  detachment  of  150  men  from  Rutland  Count}T  was  sent 
to  join  them.  This  act  seems  to  have  incited  the  ire  of  the  militia 
from  Franklin  County,  for  on  the  17th  of  June  a  meeting  of  all  the 
commissioned  officers  of  the  First  Brigade  was  held  and  a  spirited 
address  to  the  public  adopted  in  which  it  was  declared  that  the  sending 
of  the  Rutland  County  militia  into  the  district  was  ' '  an  open,  direct,  and 
most  degrading  insult."  A  few  weeks  later  another  mass  meeting  was 
held  in  Franklin  County,  in  which  it  was  declared  "  the  inhabitants  on 
Lake  Champlain  would  never  submit  to  the  enforcement  of  the  embargo 
law."  Under  these  circumstances  it  was  decided  by  the  President  that 


52  FEDEKAL    AID    IN    DOMESTIC    DISTUBBANCES. 

the  occasion  for  trial  of  the  act  of  March  8, 1807,  had  arrived;  a  detach 
ment  of  United  States  artillery  was  sent  to  the  point  of  disturbance 
and  the  governor  was  ordered  to  discharge  the  militia,  which  was  done 
early  in  October.  (President  Jefferson  to  Governor  Tompkins,  New 
York,  August  15,  1808;  to  Secretary  Gallatin,  August  1.5,  1808;  to 
Secretary  Dearborn,  August  25, 1808;  to  Governor  Wilkinson,  August 
30,  1808.)  This  was  hastened,  perhaps,  by  an  unfortunate  incident  of 
the  affair  which  occurred  on  the  Winooski  River  on  the  3d  of  August, 
where,  in  an  encounter  between  a  force  of  the  militia  and  a  party  of 
smugglers,  several  of  the  former  were  killed  and  others  wounded. 
The  smugglers  were  arrested,  tried,  and  convicted,  one  of  them  exe 
cuted,  and  several  others  sentenced  to  ten  }Tears  in  prison/'  President 
Jefferson  thus  refers  to  this  disturbance  in  his  annual  message  for  the 
year  1808: 

I  have  not  thought  it  necessary,  in  the  course  of  the  last  season,  to  call  for  any 
general  detachments  of  militia  or  of  volunteers  under  the  laws  passed  for  that  pur 
pose.  For  the  ensuing  season,  however,  they  will  be  required  to  be  in  readiness 
should  their  service  be  wanted.  Some  small  and  special  detachments  have  been 
necessary  to  maintain  the  laws  of  embargo  on  that  portion  of  our  northern  frontier 
which  offered  peculiar  facilities  for  evasion,  but  these  were  replaced  as  soon  as  it 
could  be  done  by  bodies  of  new  recruits.  By  the  aid  of  these  and  of  the  armed  ves 
sels  called  into  service  in  other  quarters  the  spirit  of  disobedience  and  abuse  which 
manifested  itself  early  and  with  sensible  effect  while  we  were  unprepared  to  meet  it 
has  been  considerably  repressed. 

The  act  of  January  7,  1809  (2  Stat.  L.,  506),  which,  by  enlarging  the 
scope  of  the  embargo  laws,  so  increased  their  unpopularity  as  to  create 
a  widespread  public  indignation  which  led  to  their  speedy  repeal,  con 
tained  a  clause  which  is  of  interest  as  showing  the  views  of  Congress 
at  that  time  in  the  matter  of  the  employment  of  the  entire  military 
power  if  necessary  in  the  enforcement  of  the  Federal  laws.  Sections 
11  and  13  were  as  follows: 

SEC.  11.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  President  of  the 
United  States,  or  such  other  person  as  he  shall  have  empowered  for  that  purpose,  to 
employ  such  part  of  the  land  or  naval  forces  or  militia  of  the  United  States,  or  of  the 
Territories  thereof,  as  may  be  judged  necessary,  in  conformity  with  the  provisions 
of  this  and  other  acts  respecting  the  embargo,  for  the  purpose  of  preventing  the 
illegal  departure  of  any  ship  or  vessel,  or  of  detaining,  taking  possession  of,  and 
keeping  in  custody  any  ship  or  vessel,  or  of  taking  into  custody  and  guarding  any 
specie,  or  articles  of  domestic  growth,  produce,  or  manufacture,  and  also  for  the  pur 
pose  of  preventing  and  suppressing  any  armed  or  riotous  assemblage  of  persons, 
resisting  the  custom-house  officers  in  the  exercise  of  their  duties,  or  in  any  manner 
opposing  the  execution  of  the  laws  laying  an  embargo,  or  otherwise  violating,  or 
assisting  and  abetting  violations  of  the  same. 

SEC.  13.  And  be  it  further  enacted,  That  the  President  of  the  United  States  be,  and 
he  hereby  is,  authorized  to  hire,  arm,  and  employ  thirty  vessels,  not  exceeding  in 
tonnage  one  hundred  and  thirty  tons  each,  belonging  to  citizens  of  the  United  States, 
and  so  many  seamen  as  shall  be  necessary  to  man  the  same,  for  immediate  service, 
in  enforcing  the  laws  of  the  United  States  on  the  seacoast  thereof  and  to  dismiss  the 


a  See  also  Records  of  the  Governor  and  Council  of  Vermont,  vol.  5,  p.  472. 


THE    EMBARGO    TROUBLES,   1808.  53 

same  from  service  whenever  be  shall  deem  the  same  expedient:  Provided,  don-ever, 
That  such  hiring,  arming,  and  employment  shall  not  be  for  a  tern:  exceeding  one 
year.  And  the  said  ships  or  vessels,  when  so  hired  and  armed,  shall  be  employed 
under  the  direction  of  the  Secretary  of  the  Treasury. 

Immediately  upon  the  passage  of  this  act,  and  no  doubt  in  anticipa 
tion  of  its  reception  b}^  the  country,  the  following  letter,  prepared  by 
the  President  (Jefferson's  Works,  vol.  5,  p.  418)  was  sent  to  the  gov 
ernor  of  every  State: 

JANUARY  17,  1809. 

SIR:  The  pressure  of  the  embargo,  although  sensibly  felt  by  every  description  of 
our  fellow-citizens,  has  yet  been  cheerfully  borne  by  most  of  them,  under  the  con 
viction  that  it  was  a  temporary  evil,  and  a  necessary  one  to  save  us  from  greater  and 
more  permanent  evils — the  loss  of  property  and  surrender  of  rights.  But  it  would 
have  been  more  cheerfully  borne  but  for  the  knowledge  that  while  honest  men  were 
religiously  observing  it  the  unprincipled  along  ourseacoast  and  frontiers  were  fraudu 
lently  evading  it;  and  that  in  some  parts  they  had  even  dared  to  break  through  it 
openly  by  an  armed  force  too  powerful  to  be  opposed  by  the  collector  and  his  assist 
ants.  To  put  an  end  to  this  scandalous  insubordination  to  the  laws,  the  Legislature 
has  authorized  the  President  to  empower  proper  persons  to  employ  militia  for  prevent 
ing  or  suppressing  armed  or  riotous  assemblages  of  persons  resisting  the  custom-house 
officers  in  the  exercise  of  their  duties,  or  opposing  or  violating  the  embargo  laws. 
He  sincerely  hopes  that  during  the  short  time  which  these  restrictions  are  expected 
to  continue  no  other  instances  will  take  place  of  a  crime  of  so  deep  a  dye.  But  it  is 
made  his  duty  to  take  the  measures  necessary  to  meet  it.  He  therefore  requests  you, 
as  commanding  officer  of  the  militia  of  your  State,  to  appoint  some  officer  of  the 
militia,  of  known  respect  for  the  laws,  in  or  near  to  each  port  of  entry  within  your 
State,  with  orders,  when  applied  to  by  the  collector  of  the  district,  to  assemble 
immediately  a  sufficient  force  of  his  militia,  and  to  employ  them  efficaciously  to 
maintain  the  authority  of  the  laws  respecting  the  embargo,  and  that  you  notify  to 
each  collector  the  officer  to  whom,  by  your  appointment,  he  is  so  to  apply  for  aid 
when  necessary.  He  has  referred  this  appointment  to  your  excellency  because  your 
knowledge  of  characters,  or  means  of  obtaining  it,  will  enable  you  to  select  one  who 
can  be  most  confided  in  to  exercise  so  serious  a  power  with  all  the  discretion,  the 
forbearance,  the  kindness  even,  which  the  enforcement  of  the  law  will  possibly 
admit — ever  to  bear  in  mind  that  the  life  of  a  citizen  is  never  to  be  endangered  but 
as  the  last  melancholy  effort  for  the  maintenance  of  order  and  obedience  to  the  laws. 

A  few  days  later  an  occasion  arose  for  the  exercise  of  the  powers 
thus  vested  in  the  Executive,  the  story  of  which  is  thus  told  in  a  letter 
from  Mr.  Jefferson  to  Col.  Charles  Simms,  collector  for  Virginia,  but 
of  the  results  of  which  the  official  records  are  silent: 

WASHINGTON,  January  22,  1809. 

SIR:  I  received  last  night  your  letter  of  yesterday,  and  this  being  a  day  in  which 
all  the  offices  are  shut,  and  the  case  admitting  no  delay,  I  inclose  you  a  special 
order,  directly  from  myself,  to  apply  for  aid  of  the  militia  adjacent  to  the  vessel,  to 
enable  you  to  do  your  duty  as  to  the  sloop  loading  with  flour.  But  I  must  desire 
that,  so  far  as  the  agency  of  the  militia  be  employed,  it  may  be  with  the  utmost  dis 
cretion,  and  with  no  act  of  force  beyond  what  shall  be  necessary  to  maintain  obedi 
ence  to  the  laws,  using  neither  deeds  nor  words  unnecessarily  offensive. 

I  salute  you  with  respect.  «• 

« Jefferson's  Works,  vol.  5,  p.  418. 


54  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

JANUARY,  1809. 
United  States  of  America,  to  ivit: 

Information  being  received  that  a  sloop,  said  to  be  of  one  of  the  Eastern  States,  of 
about  1,500  barrels  burden,  is  taking  in  flour  in  the  Bay  of  Occoquan  in  Virginia, 
with  intention  to  violate  the  several  embargo  laws,  and  the  urgency  of  the  case  not 
admitting  the  delay  of  the  ordinary  course  of  proceeding  through  the  orders  of  the 
governors  of  the  States,  I  have  therefore  thought  proper  to  issue  these  my  special 
orders  to  the  militia  officers  of  the  counties  of  Fairfax,  Prince  William,  or  of  any 
other  county  of  Virginia  or  of  Maryland,  adjacent  to  the  river  Potomak  or  any  of  its 
waters,  wherein  the  said  vessel  may  be  found,  and  to  such  particular  officer,  espe 
cially  to  whom  these  my  orders  shall  be  presented  by  any  collector  of  the  customs, 
for  any  district  on  the  said  river  or  its  \vaters,  or  by  any  person  acting  under  their 
authority,  forthwith  on  receiving  notice,  to  call  out  such  portion  of  the  militia  under 
his  or  their  command  as  shall  be  sufficient,  and  to  proceed  with  the  same,  in  aid  of 
the  said  collector,  to  take  possession  of  the  said  sloop  and  her  cargo  wheresoever 
found  in  the  said  waters,  and  to  detain  the  same  until  she  shall  be  liberated  accord 
ing  to  law,  for  which  this  shall  be  his  and  their  warrant. 

Given  under  my  hand  at  Washington,  this  22d  day  of  January,  eighteen  hundred 
and  nine. 

THOMAS  JEFFERSON, 
President  of  the  United  States  of  America. 

NOTE. — President's  Message  (Washington)  on  the  Embargo,  March  28,  1794; 
Senate  Journal,  Third  Congress,  first  session,  p.  98;  President's  Message  (Jefferson) 
on  the  Embargo,  November  19,  1807,  Executive  Documents,  Tenth  Congress,  first 
session;  same,  November  30,  1808,  Executive  Documents,  Tenth  Congress,  second 
session;  Report  by  (Gallatin)  Secretary  Treasury,  December  8,  1808,  Executive 
Documents,  Tenth  Congress,  second  session. 


III.    FROM    THE     REORGANIZATION    OF     THE    ARMY    TO    THE 
FUGITIVE    SLAVE    RIOTS. 

NEGRO  INSURRECTIONS,  1831— THE  NULLIFICATION  EXCITEMENT,  1832— THE  BLACK 
HAWK  WAR,  1832— THE  SABINE  AFFAIR,  1836— INTRUDERS  ON  THE  CHEROKEE  LANDS, 
1833-REMOVAL  OF  THE  CHEROKEES,  1838— THE  PATRIOT  WAR,  1837-38— IOWA  BOUND 
ARY  LINE,  1839— THE  DORR  REBELLION,  1842— THE  BOSTON  FUGITIVE  SLAVE  CASES, 
1851— THE  ANTHONY  BURNS  RIOTS,  1854. 


It  has  been  said  that  the  provision  of  the  act  of  February  28,  1795, 
as  amended  by  the  act  of  March  8,  1807,  which  made  it  lawful  for 
the  President  to  call  forth  the  militia  or  the  Federal  land  and  naval 
forces  to  suppress  an  insurrection  in  any  State  against  the  government 
of  such  State,  "on  application  of  the  legislature  of  such  State,  or  of 
the  executive  when  the  legislature  can  not  be  convened,"  vests  in  the 
President  the  widest  discretion.  "By  this  act,"  says  the  Supreme 
Court  of  the  United  States  in  the  case  of  Luther  v.  Borden  (7  Howard, 
41),  "the  power  of  deciding  whether  the  exigency  has  arisen  upon 
which  the  Government  of  the  United  States  is  bound  to  interfere  is 
given  to  the  President.  He  is  to  act  upon  the  application  of  the  legis 
lature  or  of  the  executive,  and  consequently  he  must  determine  what 
body  of  men  constitute  the  legislature  and  who  is  the  governor  before 
he  can  act.  The  fact  that  two  parties  claim  the  right  to  the  govern 
ment  can  not  alter  the  case,  for  both  can  not  be  entitled  to  it.  If  there 
is  an  armed  conflict,  *  *  it  is  a  case  of  domestic  violence,  and 

one  of  the  parties  must  be  in  insurrection  against  the  lawful  gov 
ernment.  And  the  President  must,  of  necessity,  decide  which  is  the 
government,  and  which  party  is  unlawfully  arrayed  against  it,  before 
he  can  perform  the  duty  imposed  upon  him  by  the  act  of  Congress." 
(See  also  Woodbury  dissent,  ibid.,  49.)  It  was  not,  however,  until 
nearly  fifty  }Tears  after  the  enactment  of  this  law  that  it  became  nec 
essary  for  the  President  to  consider  the  propriety  of  exercising  this 
discretion.  Up  to  that  time  all  disturbances  requiring  Federal  inter 
position  had  grown  out  of  a  violation  of,  or  opposition  to,  the  Federal 
laws.  So  far  as  the  provision  of  the  law  relating  to  invasion  was  con 
cerned,  some  interesting  questions  had  arisen  at  the  beginning  of  the 
second  war  with  Great  Britian  as  to  the  power  of  the  President  or  of 
Congress  to  require  the  militia  of  a  State  to  serve  outside  its  own 
borders;  but  in  the  presence  of  the  common  peril  these  constitu 
tional  problems  had  readily  solved  themselves  or  been  forgotten  in 

the  hurry  of  events. 

55 


Negro 
insurrections 

1831. 


56  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

The  3Tear  1831  was  one  of  unusual  uneasiness  throughout  the  slave- 
holding  section  of  the  country,  consequent  upon  an  apprehended  upris 
ing  of  the  negroes.  Early  in  the  spring  of  that  year  strong  and  urgent 
representations  were  made  to  the  War  Department  by  the  authorities 
of  Louisiana  that  a  revolt  was  threatened  by  the  slaves,  and  that  the 
presence  of  a  military  force  in  New  Orleans  was  necessary  to  the  pres 
ervation  of  order  and  to  allay  the  apprehensions  of  the  people.  To 
quiet  these  fears  two  companies  of  infantry  were  sent  to  that  city  and 
orders  were  given  to  neighboring  posts  to  hold  the  troops  in  readiness 
for  any  emergency.  Later  in  the  season  sim ilar  reports 
of  disorderly  conduct  upon  the  part  of  the  slaves  came 
from  Delaware,  Maryland,  Virginia,  and  the  Caro- 
linas,  and  in  order  that  a  disposable  force  might  be  available  to  afford 
protection  to  such  parts  of  the  country  as  might  require  it,  the  garri 
son  of  Fort  Monroe  was  augmented  by  five  companies  drawn  from 
the  northern  seaboard.  These  apprehensions  seemed  well  founded, 
when  on  the  24rth  of  August  intelligence  was  received  from  the  mayor 
of  Norfolk,  Va.,  that  a  negro  insurrection  had  broken  out  in  South 
ampton  County;  that  more  than  50  persons  had  been  massacred,  and 
that  the  presence  of  the  Federal  troops  was  necessary  for  the  preser 
vation  of  order.1  Believing  the  situation  to  be  imminent  and  press 
ing,  the  commandant  at  Fort  Monroe  at  once  dispatched  a  force  of 
troops  to  the  scene  of  disturbance,  but  beyond  allaying  the  excitement 
and  restoring  the  courage  of  the  people  the  active  service  of  the 
troops  was  not  required.2  A  few  days  later,  on  the  application  of  the 
authorities  of  Newberne,  in  North  Carolina,  under  the  excitement 
which  prevailed  after  the  disturbances  in  Southampton,  a  detachment 
was  sent  from  Fort  Monroe  to  guard  that  city  and  to  quiet  the  appre 
hensions  of  the  citizens  of  that  section.5  At  the  same  time  arms  and 
ammunition  were  issued  to  the  citizens  of  Hampton,  upon  the  requi 
sition  of  the  militia.3  (Annual  report  of  Major-General  Macomb, 
November,  1831.)  Whatever  line  of  justification  for  this  furnishing 
of  troops  in  contravention  of  the  statute  may  have  been  advanced  at 
the  time,  does  not  appear  of  record.  On  the  contrary,  there  is  evi 
dence  that  the  presence  of  the  troops  was  resented  by  the  people  of 
North  Carolina,  upon  the  ground  that  the  situation  was  at  no  time 
beyond  the  control  of  the  local  authorities.7 

A  year  later  there  was  great  excitement  throughout  the  countrv 

consequent  upon  the  determination  of  the  President  to  enforce  the 

tariff  laws.     The  tariff  bill  which  became  a  law  on  March  31,  1824, 

had  been  a  source  of  much  opposition  in  Congress,  and  was  received 

with  disapproval  throughout  the  South.     The  section  was  agricultural 

The  nullification    ^^  'd  neavJ  consumer  of  imported  goods.     Cotton  sent 

excitement,        abroad  was  usually  exchanged  for  goods  that  had  to  be 

brought  in  through  the  custom-house,  thus  increasing 

the  cost  of  living  without  apparent  compensation.     It  was  regarded  by 

one  portion  of  the  community  as  a  measure  to  build  up  a  commercial 


THE    NULLIFICATION    EXCITEMENT,   1832.  57 

and  manufacturing  North  as  a  menace  to  the  more  pastoral  South; 
by  others  as  an  attempt  to  discriminate  against  the  slave-labor  States; 
by  a  third,  of  whom  Mr.  Calhoun  was  the  leader,  as  clearly  and  mis 
chievously  unconstitutional.  This  latter  position  was  assumed  with 
greatest  defiance  by  the  people  of  South  Carolina.  Immediately  upon 
the  passage  of  the  bill  the  legislature  passed  resolutions  declaring  the 
tariff  acts  to  be  unconstitutional,  and  therefore  null  and  void  and  not 
binding  upon  the  people,  and  inviting  other  States  to  cooperate  with 
South  Carolina  in  devising  measures  of  resistance.  Although  this 
action  created  considerable  excitement  at  the  time,  it  found  its  expres 
sion  for  some  years  mainly  in  threatening  and  other  intemperate  lan 
guage  in  the  public  press,  on  the  stump,  and  in  Congress;  but  the 
passage  of  the  tariff  bill  of  1832  caused  a  renewal  of  the  manifesta 
tions  of  182-t  and  a  more  determined  attitude  upon  the  part  of  South 
Carolina.  At  a  delegate  convention  called  to  consider  the  situation 
resolutions  were  passed  condemnatory  of  the  law,  forbidding  citizens 
of  the  State  from  paying  any  taxes  under  it,  or  accepting  any  office  as 
collector,  or  recognizing  it  in  any  manner.  It  was  further  declared 
that  if  the  United  States  should  attempt  to  enforce  these  laws  by  mili 
tary  or  naval  force,  the  Union  wras  to  be  dissolved  and  a  convention 
called  to  frame  a  new  constitution  for  South  Carolina.  The  legisla 
ture,  which  met  soon  after  the  adjournment  of  this  convention,  rati 
fied  its  action  by  passing  laws  in  conformity  with  its  suggestions. 
Ten  thousand  stand  of  arms  were  ordered  purchased,  and  measures 
ordered  to  be  taken  to  put  the  State  in  a  condition  of  thorough 
defense. 

The  President  (Jackson)  met  this  defiance  by  his  proclamation  of 
December  10,  1832,  in  which  he  declared  the  ordinances  of  the  con 
vention  to  be  subversive  of  the  Federal  Constitution,  and  after  appeal 
ing  to  the  sense  of  justice,  reason,  and  patriotism  of  the  people  of 
South  Carolina,  announced  his  determination  to  enforce  the  laws  at 
whatever  hazard.  In  anticipation  of  the  reception  of  this  warning, 
two  companies  of  artillery  were  ordered  to  Fort  Moultrie  on  the  7th  of 
November,  and  on  the  12th  the  troops  then  at  the  Citadel  in  Charleston 
were  strengthened  by  two  additional  companies  from  the  forts  in  the 
harbor.  The  "Citadel"  was  the  property  of  the  State  and  contained 
arms  belonging  to  the  State,  and  as  it  was  anticipated  that  its  delivery 
would  be  demanded,  the  commanding  officer  was  instructed  to  turn  it 
over  upon  presentation  of  a  proper  and  peaceable  legal  demand,  but 
to  resist  any  attack  with  all  the  force  at  his  command.  On  the  18th 
the  following  confidential  instructions  were  sent  to  General  Scott, 
then  commanding  the  Army: 

[Confidential.] 

WASHINGTON,  November  IS,  1832. 

SIR:  The  state  of  affairs  in  South  Carolina  has  occasioned  much  solicitude  to  the 
President.  He  indulges  the  hope  that  the  intelligence  and  patriotism  of  the  citizens 
will  prevent  any  infraction  of  the  Constitution  and  laws  of  the  General  Government. 


58  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

But,  while  he  anxiously  looks  for  this  result,  he  deems  it  possible,  from  the  infor 
mation  he  has  received,  that  in  the  first  effervescence  of  feeling  some  rash  attempt 
may  be  made  by  individuals  to  take  possession  of  the  forts  of  the  United  States  in 
the  harbor  of  Charleston.  The  possibility  of  such  a  measure  furnishes  a  sufficient 
reason  for  guarding  against  it.  *  *  *  You  are  at  liberty  to  take  such  measures 
either  by  strengthening  these  defenses,  or  by  reenforcing  these  garrisons  with  troops 
drawn  from  any  other  posts,  as  you  may  think  prudence  and  a  just  precaution 
require. 

Your  duty  will  be  one  of  great  importance  and  of  great  delicacy.  You  will  con 
sult  fully  and  freely  writh  the  collector  of  the  port  of  Charleston,  and  with  the  dis 
trict  attorney  of  South  Carolina,  and  you  will  take  no  step,  except  what  relates  to 
the  immediate  defense  and  security  of  the  posts,  without  their  order  and  concur 
rence.  The  execution  of  the  laws  will  be  enforced  through  the  civil  authority,  and 
by  the  mode  pointed  out  by  the  acts  of  Congress.  Should,  unfortunately,  a  crisis 
arise,  when  the  ordinary  powers  in  the  hand^  of  the  civil  officers  shall  not  be  suffi 
cient  for  this  purpose,  the  President  shall  determine  the  course  to  be  taken  and  the 
measures  adopted.  Till,  therefore,  you  are  otherwise  instructed,  you  will  act  in 
obedience  to  the  legal  requisitions  of  the  proper  civil  officers  of  the  United  States. 

•*  •*  *  -X-  -X-  *  * 

LEWIS  CASS. 

To  the  proclamation  South  Carolina  responded  by  an  order  from  the 
governor  calling  out  12,000  volunteers  to  maintain  the  supremacy  of 
the  laws  of  the  State.  The  winter  of  1832-33  was  one  of  great  anxiety. 
The  volunteers  had  been  ordered  "to  hold  themselves  in  readiness 
to  take  the  field  at  a  moment's  notice,"  and  recruiting  offices  were 
opened  at  Charleston  and  other  points  for  the  purpose  of  enlisting 
men  to  resist  the  enforcement  of  the  Federal  laws.  On  the  10th  of 
January  the  President,  in  a  special  message  to  Congress,  recited  the 
situation  and  asked  for  further  authority.  February  1  had  been 
fixed  as  the  date  when  the  open  resistance  was  to  take  effect,  but  .this 
date  passed  without  disturbance.  On  the  28th  of  February  a  bill 
passed  both  houses  of  Congress  extending  the  jurisdiction  of  the 
Federal  courts  in  cases  arising  under  the  revenue  laws,  and  empower 
ing  the  use  of  any  additional  military  force  necessary  to  maintain  the 
peace  and  supremacy  of  the  laws.  The  effect  of  this  unexpected  action 
was  instantaneous.  South  Carolina,  finding  herself  unsupported  by 
any  other  State,  and  realizing  the  hopelessness  of  continuing  a  contest 
that  was  certain  to  have  but  one  result,  finally  rescinded  the  ordinances 
of  the  convention  and  disbanded  the  militia.  a 

«  President's  message,  January  16,  1833,  transmitting  certain  documents,  proclama 
tions,  orders,  etc.,  in  relation  to  the  opposition  of  South  Carolina  to  the  execution 
of  the  laws.  (Senate  Doc.  No.  30,  Twenty-second  Congress,  second  session,  112 
pages.)  President's  message,  February  12,  1833,  transmitting  copies  of  orders  given 
the  military  and  naval  commanders  at  Charleston,  S.  C.  (Senate  Doc.  No.  71, 
Twenty-second  Congress,  second  session. )  Resolutions  of  the  legislature  of  South 
Carolina,  December  20,  1832,  declaring  the  late  proclamation  of  the  President  of  the 
United  States  to  be  unconstitutional  and  unprecedented.  (Senate  Doc.  No.  24, 
Twenty-second  Congress,  second  session. ) 


STRENGTH    OF    THE    REGULAR   ARMY,  1821-1846.  59 

The  same  year  (1832)  witnessed  the  culmination  of  the  hostile 
aggressions  of  the  Sac  and  Fox  Indians  upon  the  borders  of  Illinois 
and  Michigan,  that  had  been  going  on  since  the  earliest  settlements. 
While  there  was  never  any  serious  doubt  as  to  the  ability  of  these 
States  to  take  care  of  themselves,  these  constant  and 
'Bwar.m  unprovoked  aggressions  seemed  to  render  a  severe  les 
son  necessary  in  the  trust  that  its  impression  would 
be  permanent  and  salutary.  To  this  end  a  campaign  having  been 
determined  upon,  the  executives  of  the  States  of  Missouri,  Illinois, 
Indiana,  and  of  the  Territory  of  Michigan  were  called  upon  to  furnish 
a  small  quota  of  militia,  and  these,  to  the  number  of  3,000,  in  combi 
nation  with  some  1,500  regular  troops,  were  concentrated  under  the 
command  of  Brigadier-General  Atkinson,  and  in  June-July  moved  in 
several  columns  upon  the  Indians.  The  campaign  terminated  in  the 
unqualified  submission  of  the  hostile  tribes,  and  the  adoption  of  meas 
ures  for  the  permanent  security  of  the  frontier.  But  the  experiences 
of  this  campaign  exposed  some  of  the  serious  faults  of  our  military 
system,  and  impelled  the  President  to  urge  the  adoption  of  some 
method  by  which  the  defects  may  be  remedied.  In  his  annual  message 
December  4,  1832,  the  President  (Jackson)  remarked: 

Neither  our  situation  nor  our  institutions  require  or  permit  the  maintenance  of  a 
large  regular  force.  History  offers  too  many  lessons  of  the  fatal  result  of  such  a 
measure  not  to  warn  us  against  its  adoption  here.  The  expense  which  attends  it, 
the  obvious  tendency  to  employ  it  because  it  exists,  and  thus  to  engage  in  unneces 
sary  wars,  and  its  ultimate  danger  to  public  liberty,  will  lead  us,  I  trust,  to  place 
our  principal  dependence  for  protection  upon  the  great  body  of  the  citizens  of  the 
Republic.  If,  in  asserting  rights  or  in  repelling  wrongs,  war  should  come  upon  us,  our 
regular  force  should  be  increased  to  an  extent  proportioned  to  the  emergency,  and 
our  present  small  Army  is  a  nucleus  around  which  such  force  could  be  formed  and 
embodied.  But  for  the  purposes  of  defense  under  ordinary  circumstances  we  must 
rely  upon  the  electors  of  the  country. 

The  specter  of  a  regular  arnrv,  and  an  assumed  confidence  in  the 
heroism  of  the  people,  so  eloquentl}7  set  forth  by  the  President,  were 
an  expression  of  the  sentiment  of  the  political  party  he  represented, 
rather  than  of  his  own  or  of  the  people  at  large.     At  that  time  and 
for  the  ten  years  preceding  it  the  Regular  Arm}'  had  been  too  insignifi 
cant  in  numbers  to  call  forth  other  feelings  than  those 
the  Regular  Army,   of  commiseration.     The  act  of  March  2,  1821,  which 
had  fixed  the  strength  at  6,126,  had  been  supplemented 
by  those  of  April  15,  and  June  15  and  28,  1832,  which  by  the  addition 
of  a  regiment  of  mounted  riflemen  and  a  few  minor  changes  in  the 
organization,  had  increased  it  about  a  thousand,  so  that  up  to  1836  the 
aggregate  of  the  Army  had  not  exceeded  an  authorized  strength  of 
7,129.      This  small   force,  something  less  than  a  European  brigade, 
was  posted  along  a  coast  line  of  2,000  miles  and  a  frontier  of  3,500, 
garrisoning  12  to  50  posts  and  10  arsenals,  and  pretending  to  afford 


60  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

the  necessary  protection  and  defense  to  a  population  of  more  than 
13,000,000,  scattered  over  an  area  of  2,000,000  square  miles.  By  acts 
of  May  23  and  July  1,  1830,  this  meager  force  was  increased  by  the 
addition  of  a  regiment  of  dragoons  to  7,957,  and  July  5  and  7,  1838, 
to  12,559,  where  it  remained  until  the  desirability  of  making  certain 
military  demonstrations  against  Mexico  in  1816  necessitated  a  trifling 
increase. 

The  struggle  for  Texan  independence,  which  deeply  engrossed  the 
interest  and  sympathy  of  our  people,  was  the  occasion  of  much  embar 
rassment  to  the  Government.  Large  numbers  of  adventurous  Ameri 
cans,  in  their  desire  to  contribute  to  the  cause  of  liberty,  crossed  the 
frontier  and  joined  the  Texan  fighting  forces,  and  this  having  been 
made  a  matter  of  complaint  by  the  Government  of  Mexico,  General 
Gaines,  who  commanded  the  Western  Department,  was  instructed  to 
preserve  a  strict  neutrality  and  to  prevent  all  armed  bodies  from  enter 
ing  Texas  from  this  side  of  the  border.  But  notwithstanding  his 
efforts  armed  men  crossed  the  line  at  a  hundred  unguarded  points  and 
contributed  no  inconsiderable  strength  to  the  Texan 
The  saMne  affair,  cause.  Ajg  a  method  of  prevention — perhaps  of  retal 
iation — it  was  rumored  that  the  Mexican  Government 
had  sent  envoj^s  to  the  Indians  residing  along  the  borders  of  Louisiana, 
to  arouse  and  entice  them  to  join  the  war  against  Texas.  To  inquire 
into  this  rumor  General  Gaines,  with  a  considerable  escort,  was  directed 
to  proceed  to  the  frontier.  He  reached  Natchitoches,  a  town  on  the 
Red  River,  about  50  miles  east  from  the  river  Sabine,  which  formed 
the  boundary  between  the  two  countries,  about  the  middle  of  April, 
1836,  where,  deeming  that  the  rumors  were  well  founded,  and  the 
frontier  settlements  exposed  to  danger,  he  called  upon  the  Governor 
of  Louisiana  for  a  brigade  of  volunteers,  and  upon  the  governors  of 
Tennessee,  Kentucky,  Alabama,  and  Mississippi,  for  a  regiment  each 
of  mounted  men;  in  all,  10,000  men.  General  Gaines's  letters  to  the 
Secretary  of  War  show  that  at  the  time  he  called  for  the  militia,  he 
had  reason  to  believe  that  the  Mexicans  were  on  their  way  in  force  to 
the  Sabine;  that  a  battle  with  them  and  their  Indian  allies  was  immi 
nent,  and  that  a  war  between  the  two  countries  had  already  commenced. 
In  that  view  of  the  situation,  Congress  was  asked  for  an  appropria 
tion  of  $1,000,000  to  carry  on  the  war,  and  General  Gaines  was 
authorized  to  cross  the  Sabine  into  Texan  territory,  "if  he  deemed 
such  a  measure  necessary,  for  the  defense  of  the  frontier."  Acting 
upon  this  qualified  permission,  he  moved  a  column  of  several  hundred 
men  across  the  Sabine  on  the  10th  of  Juty,  and  occupied  the  town  of 
Nacogdoches,  about  50  miles  to  the  westward  of  the  river  within  Texas 
territory. 

As  soon  as  it  became  known  to  the  President  that  General  Gaines 
had  crossed  into  Texan  territory  and  made  requisition  upon  the  neigh 
boring  States  for  volunteers,  he  refused  to  give  it  his  sanction,  and 


INTRUDERS  ON  THE  CHEROKEE  LANDS.  61 

although  the  States  upon  which  requisition  had  been  made  had  taken 
prompt  measures  to  fill  their  quota;  the  requisition  was  recalled,  and 
such  men  as  had  been  enrolled  were  mustered  out  and  discharged. 
Orders  were  also  sent  to  General  Gaines  to  withdraw  at  once  from 
Texas  territory.  The  rumors  of  the  Mexican  advance  having  proved 
to  be  wholly  unfounded,  and  General  Houston  having  arrived  at 
Nacogdoches  with  a  considerable  force  of  Texans,  there  was  no  further 
danger  from  Indian  attack,  and  no  longer  an  excuse  for  this  extraor 
dinary  occupation  of  a  foreign  territory.  On  the  17th  of  December, 
1836,  he  abandoned  his  camp  at  Nacogdoches  and  recrossing  the  Sabine, 
returned  to  United  States  soil.  General  Gaines  was  severely  criticised 
for  this  movement  into  which  he  seems  to  have  been  drawn  by  care- 
full}^  planned  misinformation  and  too  implicit  a  confidence  in  the 
Texan  authorities,  whose  interest  it  was  that  the  United  States  should 
countenance  their  plans. a  The  prompt  response  of  the  States  to  this 
sudden  and  unexpected  call,  however,  demonstrated  that  reliance  was 
still  to  be  placed  in  the  militia  system. 

In  every  emergency  up  to  this  date,  and  in  fact  for  many  years  later, 
the  paucity  of  the  Regular  Army  rendered  a  call  upon  the  militia  an 
indispensability.  This  necessit}7  was  to  be  repeated  in  1838,  when 
the  withdrawal  of  the  troops  from  Camp  Armistead,  in  the  Cherokee 
country,  had  afforded  the  opportunity  for  a  large  number  of  unauthor 
ized  persons  to  enter  upon  the  lands  occupied  by  the  Cherokees  within 
the  limits  of  North  Carolina,  Georgia,  Alabama,  and  Tennessee. 
Under  date  of  March  13,  1833,  two  companies  of 
artillery  were  ordered  to  that  section  "to  receive  and 

Cherokee  lands.  .  .  ,  ,, 

execute  any  instructions  they  may  receive  from  the 
governor  of  North  Carolina  in  regard  to  the  removal  of  the  intruders 
on  the  Cherokee  lands  within  the  limits  of  that  State,"  and  three  com 
panies  of  the  Fourth  Infantry  then  at  Augusta  Arsenal  were  ordered 
to  march  to  Fort  Mitchell,  Ala. ,  to  remove  intruders  within  that  State 
and  Georgia,  under  the  instructions  of  the  district  attorney  of  Ala 
bama.  b  These  efforts  to  protect  the  rights  of  the  Cherokees  proved 
in  the  end  ineffectual,  and  it  was  determined  to  remove  them  to  lands 
west  of  the  Mississippi.  To  accomplish  this  the  governors  of  these 
four  States  were  called  upon  in  the  spring  of  1838  to  furnish  a  militia 
force  to  be  mustered  into  the  service  of  the  United  States  for  a  period 

"Secretary  of  War  (Cass)  to  Major-General  Gaines,  January  23,  April  25,  May  4, 
July  12,  August  20,  1836.  General  Gaines  to  Secretary  of  War,  March  29,  April  8, 
May  11,  July  4,  11,  1836.  Secretary  of  War  to  chairman  Ways  and  Means,  May  4, 
1836.  General  Gaines  to  governor  of  Tennessee,  August  28, 1836.  Message  of  Presi 
dent  Jackson  to  Congress,  May  14,  1836.  General  Macomb  to  Secretary  of  War, 
New  Orleans,  April  25,  1836.  Messages  and  Papers  of  the  Presidents  (Richardson), 
vol  3,  pp.  234,  236.  Niles  Register,  vols.  50,  51,  index. 

&  Major-General  Macomb  to  Brevet  Major-General  Scott,  March  13,  1833. 


62  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

of   three  months;  from   Georgia,   two   regiments,   1,480  men;  from 

Tennessee,    one    regiment   and    one   battalion,    1,140 

of  the  cherokecs,    men ;  from  North  Carolina  and  Florida,  one  regiment, 

740  men  each/'    The  successful  accomplishment  of  this 

object,  which  was  followed  a  few  years  later  by  the  removal  of  the 

Seminoles  from  Florida,  most  satisfactorily  solved  one  of  the  most 

serious  problems  that  up  to  this  time  had  confronted  the  Federal 

Government. 

During  the  excitement  attending  these  occurrences  in  the  South, 
another  cause  for  serious  apprehension  was  developing  on  our  northern 
frontier.  A  movement  for  the  separation  of  Canada  from  Great 
Britain,  which  had  been  quietly  proceeding  for  some  years  through 
the  medium  of  secret  societies,  reached  publicity  somewhat  prematurely 
in  the  summer  of  1837,  and  almost  immediately  met  with  a  sympa 
thetic  response  among  the  American  communities  on 
The  litf-ss  war'  this  8ide  °^  the  border.  For  a  time  this  found  expres 
sion  in  the  formation  of  similar  secret  societies  in  north 
ern  New  York  and  Vermont  and  in  the  interchange  of  sympathetic 
messages  and  money  contributions,  but  later  these  societies  began 
to  organize  military  companies,  which  Avere  armed  and  drilled,  at  first 
secretly,  and  then,  as  popular  sentiment  seemed  to  favor  them,  openly, 
and  in  defiance  of  the  local  authorities.  This  sympathetic  movement 
soon  extended  itself  westward  along  the  border.  In  Ogdensburg, 
Oswego,  Lewiston,  Niagara  Falls,  and  Buffalo  public  meetings  were 
held  and  men  and  arms  pledged  to  the  revolutionists,  who  had  taken 
the  name  of  "Patriots."  From  New  York  the  excitement  spread 
into  western  Pennsylvania,  Ohio,  and  Michigan,  and  large  numbers 
espoused  the  Patriot  cause.  Some  700  of  these  American  s3Tmpa- 
thizers  with  arms,  including  20  fieldpieces  and  abundant  provisions, 
assembled  during  the  month  of  November,  1837,  on  a  small  island  in 
the  Niagara  River,  about  2  miles  above  the  Falls,  known  as  Navy 
Island.  •  This  island,  which  contained  about  350  acres,  belonged  to 
Canada,  and  during  the  second  war  with  Great  Britain  had  been 
strongly  fortified.  It  was  in  bad  dilapidation  in  1837,  but  still  capable 
of  withstanding  a  siege.  Aside  from  the  fact  that  the  majority  of  this 
force  were  American  citizens,  they  were  commanded  by  Rensselaer  Van 
Rensselaer,  of  Albany,  N.  Y.,  a  son  of  Gen.  Solomon  Van  Rensselaer, 
an  eminent  citizen  of  that  State  and  an  officer  of  distinction  during  the 
war  of  1812-1815.  These  circumstances  had  induced  the  Canadian 
authorities,  through  the  Government  of  Great  Britain,  to  offer  at  first 
courteous  remonstrances  to  the  Government  of  the  United  States,  but 

"Correspondence  between  the  War  Department  and  the  governors  of  Georgia, 
Alabama,  North  Carolina,  and  Tennessee,  and  with  General  Scott.  (Senate  Doc.  No. 
403,  Forty-third  Congress,  first  session;  Ex.  Doc.  453,  Twenty-fifth  Congress,  second 
session. ) 


THE    PATRIOT    WAK,   1837-38.  63 

upon  the  seizure  of  Navy  Island  these  efforts  ceased,  and  the  Governor- 
General  of  Canada,  with  4,000  regulars  and  militia,  under  one  Colonel 
McNab,  commenced  operations  against  Navy  Island. 

On  the  night  of  the  29th  of  December,  1837,  McNab  surprised  and 
seized  a  steamer  called  the  Caroline,  lying  at  Schlosser,  on  the  Ameri 
can  side,  took  it  to  the  middle  of  the  stream,  set  it  on  fire,  and  left  it 
to  drift  down  to  the  Falls.  All  on  board  were  shot  in  the  seizure  or 
drowned.  The  next  day  McNab  opened  fire  on  the  island,  but  without 
effect.  When  it  became  known  that  the  Caroline  did  not  belong  to 
the  Patriots  nor  was  she  concerned  with  them  in  any  manner,  public 
indignation  along  the  border  became  nearly  uncontrollable.  On  the 
5th  of  January,  1838,  the  President  (Van  Buren)  had  issued  a  procla 
mation  of  warning  to  the  citizens  of  the  United  States  engaged  in  this 
violation  of  the  laws  of  neutrality,  admonishing  them  that  they  could 
expect  no  aid  from  the  Government  in  extricating  themselves  from 
the  consequences  of  whatever  their  folly  might  cost  them;  but  on  the 
8th,  in  a  message  to  Congress,  he  denounced  the  outrage  to  the  Caro 
line  in  unmeasured  terms;  stated  that  the  matter  had  been  brought  to 
the  attention  of  the  British  Government,  and  asked  for  such  appropri 
ations  as  might  be  necessary  to  enforce  the  demands/'  About  the 
same  time  the  governor  of  New  York  sent  a  similar  communication  to 
the  general  assembly  of  the  State.  To  allay  the  excitement,  General 
Scott  had  been  sent  to  the  frontier  to  assume  the  command,  with 
authority  to  call  into  the  service  such  a  militia  force  from  the  States 
of  New  York  and  Vermont  as  he  might  deem  necessary.  The  follow 
ing  extract  from  his  instructions,  which  are  dated  January  5,  indicates 
the  policy  of  the  Government: 

It  is  important  that  the  troops  called  into  the  service  should  be,  if  possible,  exempt 
from  that  state  of  excitement  which  the  late  violation  of  our  territory  has  created, 
and  you  will  therefore  impress  upon  the  governors  of  these  border  States  -the  pro 
priety  of  selecting  troops  from  a  portion  of  the  State  distant  from  the  theater  of 
action.  The  Executive  possesses  no  legal  authority  to  employ  the  military  force  to 
restrain  persons  within  our  jurisdiction,  and  who  ought  to  be  under  our  control, 
from  vioMing  the  laws,  by  making  incursions  into  the  territory  of  neighboring  and 
friendly  nations  with  hostile  intent.  I  can  give  you,  therefore,  no  instructions  on 
that  subject,  but  request  that  you  will  use  your  influence  to  prevent  such  excesses  and 
to  preserve  the  character  of  this  Government  for  good  faith  and  a  proper  regard  for 
the  rights  of  friendly  powers. & 

On  his  arrival  at  Buffalo,  General  Scott  called  upon  the  governor 
of  New  York  for  1,500  militia,  but  before  they  could  be  assembled 
the  Patriot  forces  on  Navy  Island  had  determined  to  evacuate  that 

«  The  British  Government  subsequently  held  itself  responsible  for  the  burning  of 
the  Caroline  and  remunerated  the  owners. 

&  Messages  of  the  President,  and  accompanying  documents,  January  5  and  8,  1838. 
(Richardson,  III,  399,  401.) 


64  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

point  as  possessing  no  strategic  advantage.  Accordingly,  on  the  1.3th 
of  January,  in  the  presence  of  General  Scott,  Governor  Marcy,  and 
such  of  the  militia  as  were  drawn  from  Buffalo,  the  Patriots  crossed 
over  in  boats  to  Grand  Island  where  they  surrendered  their  arms,  and 
from  thence  to  the  mainland,  where  General  Van  Kennselaer  was 
arrested  by  the  United  States  marshal.  After  this  the  Patriots  estab 
lished  themselves  at  various  points  along  the  border  of  lakes  Erie  and 
Ontario,  and  on  the  frontiers  of  Vermont  and  Michigan,  and  carried 
on  a  guerrilla  warfare.  Some  800  fortified  themselves  on  Gibraltar 
Island  in  Detroit  River  and  another  considerable  body  gathered  at 
Clayton.  On  the  5th  of  February,  about  2,000  of  them  crossed  to  the 
Canada  side  below  Maiden;  but,  evidently  dismayed  at  their  own  temer- 
it}7,  recrossed  to  the  American  shore  and  surrendered  to  General 
Brady  at  Fort  Wayne.  A  few  da}Ts  later  the  State  arsenals  at  Water- 
town  and  Batavia,  N.  Y.,  were  broken  open  and  plundered,  as  was 
the  United  States  arsenal  at  Elizabethtown.  By  the  middle  of  June 
these  outrageous  acts  had  become  so  annoying  that  the  Government 
determined  to  end  them.  Regular  troops  were  stationed  at  or  near 
Buffalo  and  along  the  Niagara  frontier;  at  Sacketts  Harbor,  Fort  Cov- 
ington,  Champlain,  and  Plattsburg  in  New  York,  and  at  Swanton, 
Derby,  and  Troy  in  Vermont.  The  governor  of  New  York  recalled  his 
militia — which  had  been  mustered  out  after  the  surrender  of  Navy 
Island — and  every  possible  avenue  between  the  two  countries  was 
carefully  guarded;  and  these  precautions  were  kept  up  for  the  follow 
ing  six  months. 

The  Patriot  war  terminated  somewhat  ignominiously  and  unex 
pectedly  about  the  middle  of  November,  when  in  an  attack  upon  Pres- 
cott,  where  they  were  many  times  outnumbered,  they  were  beaten 
and  compelled  to  surrender  unconditionally.  The  President  now 
issued  a  second  proclamation.  This  is  dated  November  21,  1838,  and 
again  warned  the  people  against  the  consequences  of  their  folly.  By 
this  time,  however,  the  "  Patriot'1  cause  had  shown  itself  to  be  no  less 
hopeless  than  ill  timed,  arid  sympathy  with  it  was  fast  declining.  Its 
adherents  gradually  slipped  away,  the  societies  disbanded,  and  although 
as  late  as  1840  the  Patriot  refugees  on  this  side  of  the  line  were 
arrested  while- attempting  incursions  into  Canada,  the  insurrection 
may  be  said  to  have  ended  with  the  attack  upon  Prescott.0 

In  December,  1839,  the  militia  of  Iowa  were  ordered  into  the  service 
by  the  governor  of  the  Territory  on  a  statement  made  to  him  by  the 
United  States  marshal  that  the  civil  authorities  of  Missouri  were  seek- 

« Senate  Ex.  Doc.  No.  215,  Twenty-fifth  Congress,  second  session;  Senate  Ex.  Doc. 
No.  64.  H.  R.  Docs.  Nos.  73,  193,  302,  440,  all  of  Twenty-fifth  Congress,  second 
session.  Niles's  Register,  vols.  53,  54,  index.  Hastings' s  American  Politics,  132;  Rob 
ert's  New  York,  vol.  2,  pp.  590-594;  and  Canada  in  1837-38,  by  E.  A.  Theller,  briga 
dier-general  in  the  Canadian  Republican  Army,  Philadelphia,  1841. 


THE    DORK    REBELLION,   1842.  65 

ing  to  extend  the  jurisdiction  of  that  State  over  a  part  of  the  Territory 

of  Iowa  which  Missouri  claimed  to  be  within  her  limits;  that  she  was 

Iowa  assembling  a  large  military  force  in  the  immediate 

bouni839y  line>      neighborhood  of  the  disputed  ground  for  the  purpose 

of   taking   immediate   possession   and   enforcing   her 

laws;  and  that  he  was  unable  with  any  force  at  his  control  successfully 

to  resist  the  effort.     Upon  this  representation  the  governor  of  Iowa 

immediately  issued  an  order  for  the  militia  to  march  to  the  scene  of 

controversy.     In  response  to  this  a  regiment  of  militia,  42  officers  and 

1,133  men,  assembled  and   were  placed  under  the  direction  of  the 

marshal,  but  tho,y  do  not  appear  to  have  ever  been  called  into  active 

service.     Congress  subsequently  recognized  this  service  by  admitting 

the  right  of  this  regiment  to  payment  for  one  month.0 

From  this  time  until  the  acceptance  on  the  part  of  the  Republic  of 
Texas  of  the  terms  of  annexation  offered  by  our  Government  excited 
the  ill  will  of  the  Government  of  Mexico  and  thus  compelled  the  send 
ing  of  troops  to  the  Rio  Grande,  there  was,  with  one  exception,  com 
parative  quiet  from  domestic  disturbances  throughout  the  country. 
This  exception,  however,  furnished  the  first  occasion  for  the  President 
to  decide  whether  as  a  matter  of  fact  an  insurrection  against  the  gov 
ernment  of  a  State  actually  existed,  and  whether  it  would  be  lawful 
for  him  to  intervene  between  two  persons,  each  claiming  to  be  the 
executive,  and  two  organized  bodies,  each  claiming  to  be  the  legal  one. 
The  State  of  Rhode  Island,  which  was  the  last  of  the  thirteen  colo 
nies  to  ratify  the  National  Constitution,  was  also  the  last  to  abandon 
her  charter  government.  For  nearly  two  hundred  years  the  people  of 
that  State  possessed  no  fundamental  law  except  the  charter  granted  by 
Charles  II  in  1663,  and  the  usage  of  the  legislature  under  it.  This 
charter,  among  other  features,  restricted  the  right  of  suffrage  to  owners 
of  a  freehold  and  to  their  eldest  sons;  framed  at  a  time  when  Newport 
was  the  principal  town  it  gave  her  six  deputies  in  the  lower  house  of 
the  legislature,  while  Providence  was  given  but  four.  In  the  mean 
time  Providence  had  increased  its  population  to  nearly  three  times  that 
of  Newport,  while  in  1840  the  landholders  numbered  scarcely  one-eighth 
of  the  adult  male  population.  These  restrictions,  as  their  inequalities 
increased  with  time,  became  more  and  more  obnoxious,  and  finally  pro 
duced  open  discontent.  Many  attempts  of  the  minority 
Dorr  Rebellion,  in  the  legislature  to  secure  reform  having  failed,  the 
people  in  mass  meeting  at  Providence  in  July,  1841, 
authorized  the  assembling  of  a  convention  to  frame  a  constitution. 
This  constitution  having  been  submitted  to  the  people  in  December, 
1841,  it  was  claimed  that  a  vote  equal  to  a  majority  of  the  adult  male 
citizens  of  the  State  was  given  for  its  adoption;  and  it  was  further 

«H.  R.  Report  No.  371,  Twenty-eighth  Congress,  first  session. 
S.  Doc.  209 5 


66  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

asserted  that  this  affirmative  vote  included  as  well  a  clear  majority  of 
the  freeholders,  or  those  entitled  to  vote  under  the  charter.  In  the 
meantime,  under  the  authority  of  the  legislature,  the  "charter  party," 
so  called,  had  held  a  convention  and  framed  a  constitution  which  was 
submitted  to  the  people  in  March,  1842,  and  rejected.  The  opposi 
tion,  disregarding  this,  ordered  an  election  for  the  18th  of  April,  1842, 
and  boldly  announced  their  intention  to  see  that  the  officers  chosen  at 
such  election  should  be  seated.  On  the  4th  of  April  the  governor 
made  the  following  formal  requisition  upon  the  President  of  the  United 

States: 

PROVIDENCE,  April  4,  1842. 
The  PRESIDENT  OF  THE  UNITED  STATES. 

SIR:  The  State  of  Rhode  Island  is  threatened  with  domestic  violence.  Apprehend 
ing  that  the  legislature  can  not  be  convened  in  sufficient  season  to  apply  to  the  Gov 
ernment  of  the  United  States  for  effectual  protection  in  this  case,  I  hereby  apply  to 
you,  as  the  executive  of  the  State  of  Rhode  Island,  for  the  protection  which  is 
required  by  the  Constitution  of  the  United  States.  To  communicate  more  fully  with 
you  on  this  subject  I  have  appointed  John  Whipple,  John  Brown  Francis,  and 
Elisha  R.  Potter,  esqs.,  three  of  our  most  distinguished  citizens,  to  proceed  to  Wash 
ington  and  to  make  known  to  you  in  behalf  of  this  State  the  circumstances  which 
call  for  the  interposition  of  the  Government  of  the  United  States  for  our  protection. 
I  am,  sir,  very  respectfully,  your  obedient  servant, 

SAM.  W.  KING, 
Governor  of  Rhode  Island. 

Messrs.  Whipple,  Francis,  and  Potter  were  the  bearers  of  a  letter 
from  the  governor  in  which  the  situation  is  given  in  detail.9  In  this 
letter  the  governor  advances  the  argument  that  a  proclamation  from 
the  President  and  the  presence  in  the  State  of  an  officer  of  the  Army 
would  convince  the  opposition  that  a  contest  with  the  State  govern 
ment  would  involve  them  in  a  contest  with  the  Federal  Government, 
and  hence  would  operate  as  a  preventive  to  anticipated  violence  and 
deter  them  from  carrying  out  their  intentions.  To  this  the  President 
replied  on  the  llth  that  in  his  opinion  the  time  had  not  arrived  for 
Federal  interference;  that  "there  must  be  an  actual  insurrection, 
manifested  by  lawless  assemblages  of  the  people  or  otherwise,  to  whom 
a  proclamation  may  be  addressed  and  who  may  be  required  to  betake 
themselves  to  their  respective  abodes."  At  the  same  time  he  assured 
the  governor  that  should  the  time  arrive  "when  an  insurrection  shall 
exist  against  the  government  of  Rhode  Island,  and  a  requisition  shall 
be  made  upon  the  Executive  of  the  United  States  to  furnish  that  pro 
tection  which  is  guaranteed  to  each  State  by  the  Constitution  and  the 
laws,  I  shall  not  be  found  to  shrink  from  the  performance  of  a  duty 
which,  while  it  would  be  the  most  painful,  is  at  the  same  time  the 
most  imperative." 10 

On  the  18th  of  April  the  election  ordered  under  the  new  constitution 
was  held,  and  a  full  board  of  officers  chosen,  of  whom  one  Thomas  W. 
Dorr  was  the  governor.  The  new  government  organized  at  Providence 


THE    DORR   REBELLION,  1842.  67 

on  the  3d  of  May;  both  houses  of  the  legislature  assembled  and  resolu 
tions  were  passed  requesting  the  governor  (Dorr)  to  inform  the  Presi 
dent  of  the  United  States  that  a  State  government  had  been  duly 
elected  and  organized  under  the  constitution.  On  the  following  day 
the  general  assembly  of  the  State,  under  the  charter,  in  session  at 
Newport,  passed  the  following  resolutions:11 

Resolved  by  the  general  assembly,  That  there  now  exists  in  this  State  an  insurrection 
against  the  laws  and  constituted  authorities  thereof,  and  that,  in  pursuance  of  the 
Constitution  and  laws  of  the  United  States,  a  requisition  be,  and  hereby  is,  made  by 
this  legislature  upon  the  President  of  the  United  States  forthwith  to  interpose  the 
authority  and  power  of  the  United  States  to  suppress  such  insurrectionary  and  law 
less  assemblages,  to  support  the  existing  government  and  laws,  and  protect  the  State 
from  domestic  violence. 

Resolved,  That  his  excellency  the  governor  be  requested  immediately  to  transmit  a 
copy  of  these  resolutions  to  the  President  of  the  United  States. 

To  these  resolutions  the  President  replied  on  the  7th  of  May,  in  a 
letter  to  Governor  King,  that  from  information  in  his  possession  he  is 
led  to  believe  that  the  danger  is  overestimated;  "that  the  lawless 
assemblages  have  already  dispersed  and  that  the  danger  of  domestic 
violence  is  hourly  diminishing,  if  it  has  not  already  disappeared;"  he 
reiterated  his  assurance  that  "if  resistance  be  made  to  the  laws  of 
Khode  Island  by  such  force  as  the  civil  power  shall  be  unable  to  over 
come,  it  will  be  the  duty  of  this  Government  to  enforce  the  constitu 
tional  guaramty. " 13  The  same  day  Dorr  issued  a  proclamation  appealing 
to  the  people  from  the  proposed  interference  of  the  President  of  the 
United  States  in  the  affairs  of  Khode  Island,  in  which  occurred  the 
following  language: 

It  has  become  my  duty  to  say  that  so  soon  as  a  soldier  of  the  United  States  shall 
be  set  in  motion,  by  whatever  direction,  to  act  against  the  people  of  this  State  in 
aid  of  the  charter  government  I  shall  call  for  that  aid  to  oppose  all  such  force,  which, 
I  am  fully  authorized  to  say,  will  be  immediately  and  most  cheerfully  tendered  to 
the  service  of  the  people  of  Rhode  Island  from  the  city  of  New  York  and  from  other 
places.  The  contest  will  then  become  national  and  our  State  the  battle  ground  of 
American  freedom. 

*  *  *  *  *  *  * 

As  requested  by  the  general  assembly,  I  enjoin  upon  the  militia  forthwith  to  elect 
their  company  officers;  and  I  call  upon  volunteers  to  organize  themselves  without 
delay.  The  military  are  directed  to  hold  themselves  in  readiness  for  immediate 
service.13 

On  the  18th  a  body  of  men  assembled  at  Providence  and  under  the 
leadership  of  Dorr  attempted  to  seize  the  State  arsenal,  but  dispersed 
on  the  approach  of  Governor  King  with  a  body  of  militia.  Dorr  now 
left  the  State,  but  rumors  soon  came  that  he  was  enlisting  men  and 
collecting  arms  in  the  neighboring  States  for  the  purpose  of  moving 
with  an  armed  force  upon  the  existing  government.  Acting  upon 
this  information  Governor  King  again  addressed  the  President  on  the 
25th  of  May.14  After  reciting  the  situation,  and  expressing  his  fears 


68  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

that  "u  civil  war  of  the  most  destructive  and  vindictive  character" 
was  imminent,  he  adds: 

In  this  posture  of  affairs  I  deem  it  my  duty  to  call  upon  Your  Excellency  for  the 
support  guaranteed  by  the  Constitution  and  laws  of  the  United  States  to  this  govern 
ment.  I  would  submit  to  Your  Excellency  whether  a  movement  of  a  sufficient  body 
of  troops  to  this  quarter.,  to  be  stationed  at  Fort  Adams,  and  to  be  subject  to  the 
requisitions  of  the  executive  of  this  State  whenever  in  his  opinion  the  exigency 
should  arise  to  require  their  assistance,  would  not  be  the  best  measure  to  insure 
peace  a'nd  respect  for  the  laws  and  to  deter  invasions. 

You  will  see  by  the  statement  of  the  secret  agent  of  the  government  that  the  time 
set  for  this  incursion  is  very  near.  The  mustering  of  the  insurgents  and  their  move 
ment  upon  the  city  will  probably  be  with  the  greatest  expedition  when  once  com 
menced — in  a  time  too  short  for  a  messenger  to  reach  Washington  and  return  with 
aid.  I  therefore  make  this  application  before  any  movement  of  magnitude  on  their 
part,  in  order  that  we  may  be  prepared  at  the  briefest  notice  to  quell  domestic  insur 
rection  and  repel  invasion. 

The  President's  reply  is  dated  May  28. 15  He  informs  the  gov 
ernor  that  measures  arc  being  taken  to  ascertain  the  extent  of  the 
danger,  and  that  "should  the  necessity  of  the  case  require  the  interpo 
sition  of  the  authority  of  the  United  States  it  will  be  rendered  in  the 
manner  prescribed  by  the  laws."  At  the  same  time  he  indulged  a 
confident  expectation  that  the  resources  and  means  of  the  State  would 
be  abundantly  adequate  to  preserve  the  public  peace.  On  this  date 
the  Secretary  of  War  was  instructed  to  direct  Colonel  Bankhead  at 
Newport  to  send  a  prudent  officer  to  the  scene  of  disturbance 16  to  pro 
cure  all  possible  information  and  report  to  the  President  with  all 
possible  dispatch,  and  at  the  same  time  to  convey  similar  instructions 
to  General  Wool  at  New  York,  and  to  General  Eustis  at  Boston.17 
For  the  ensuing  month  the  Dorr  party  gave  little  or  no  sign  of  their 
intentions,  and  it  was  confidently  believed  that  they  had  abandoned  their 
projects,  when  on  the  23d  of  June  Dorr  suddenly  appeared  at  the 
village  of  Chepachet,  some  10  or  12  miles  to  the  northeast  of  Provi 
dence,  with  a  force  estimated  at  500  to  1,000  men,  fully  armed  and 
provided  with  cannon,  camp  equipage,  and  stores.  On  the  receipt  of 
this  intelligence  the  governor  again  appealed  to  Washington,  reciting 
the  situation  and  reporting  that  in  many  parts  of  the  State  the  civil 
authority  is  disregarded  and  paralyzed.18  He  adds: 

Under  these  circumstances  I  respectfully  submit  to  Your  Excellency  that  the  crisis 
has  arrived  when  the  aid  demanded  by  the  legislature  of  the  State  from  the  Federal 
Government  is  imperatively  required  to  furnish  that  protection  to  our  citizens  from 
domestic  violence  which  is  guaranteed  by  the  Constitution  and  laws  of  the  United 
States. 

The  President  now  calls  the  attention  of  the  governor  to  a  fact  here 
tofore  overlooked,  viz,  "that  the  legislature  of  the  State  is  now  in 
session,  and,  as  under  the  law  the  State  executive  has  no  authority  to 
summon  to  the  aid  of  the  State  the  military  force  of  the  United  States, 
except  in  cases  when  the  legislature  can  not  be  convened,  such  sum 
mons  must  come  from  that  body."  "  Should  the  legislature  of  Rhode 


THE    DORR    REBELLION,   1842.  69 

Island,"  he  concludes,  "deem  it  proper  to  make  a  similar  application 
to  that  addressed  to  me  by  your  excellency,  their  communication 
shall  receive  all  the  attention  which  will  be  justly  due  to  the  high 
source  from  which  such  application  shall  emanate."19  On  the  25th  of 
June  the  general  assembly  declared  martial  law.  On  the  27th  a  militia 
force  of  2,500  to  3,000  men  was  put  in  motion,  and  by  two  or  more 
roads  marched  upon  Chepachet,  where  Dorr,  with  about  250  men,  some 
two-thirds  of  whom  were  armed,  was  stationed  behind  some  earth 
works,  with  six  pieces  of  cannon.  On  that  date  Colonel  Bankhead, 
then  at  Providence,  reported  to  the  Adjutant-General  that  the  insur 
gents,  some  2,500  in  number,  with  1,500  muskets  and  10  or  12  cannon, 
were  strongly  intrenched  at  Chepachet;  that  the  militia  had  assembled  at 
Providence  with  2,000  men,  and  that  it  seemed  impossible  to  avoid  a 
conflict  without  the  interposition  of  a  strong  regular  force.20  At  the 
same  time  an  urgent  appeal  for  aid  came  from  the  Rhode  Island  dele 
gation  in  Congress,  in  which  the}7  requested  an  immediate  compliance 
with  the  governor's  requisition,  as  being  "the  only  measure  that  can 
now  prevent  the  effusion  of  blood  and  the  calamities  of  intestine  vio 
lence,  if  each  has  not  already  occurred."5  Early  on  the  morning  of 
the  28th  the  State  troops  moved  upon  these  works  at  Chepachet  and 
found  them  deserted,  Dorr  and  his  men  having  dispersed  during  the 
night. 

On  the  29th,  the  President  having  decided  that  the  time  for  action 
had  arrived,  instructed  the  Secretary  of  War  to  proceed  to  Rhode 
Island,  and,  in  the  event  of  a  requisition  being  made  upon  the  Presi 
dent  in  conformity  with  the  laws,  he  should  cause  the  proclamation 
already  prepared  and  signed  to  be  published;  that  the  Federal  troops 
from  Fort  Adams  should  be  placed  in  such  positions  as  would  enable 
them  to  defend  the  city  of  Providence,  and  that,  should  circumstances 
render  it  necessary,  he  should  call  upon  the  governors  of  Massachu 
setts  and  Connecticut  for  such  numbers  of  militia  as  might  be  suffi 
cient  to  terminate  the  insurrection.22  "  Happily,"  says  President  Tyler 
in  his  message  of  April  9,  1844,  to  Congress,  "  there  was  no  necessity 
for  either  issuing  the  proclamation  or  the  requisition  or  for  removing 
the  troops  from  Fort  Adams,  where  they  had  been  properly  stationed. 
Chepachet  was  evacuated,  and  Mr.  Dorr's  troops  dispersed  without 
the  necessity  of  the  interposition  of  any  military  force  by  this  Gov 
ernment,  thus  confirming  me  in  my  early  impressions  that  nothing 
more  had  been  designed  from  the  first  by  those  associated  with  Mr. 
Dorr  than  to  excite  fear  and  apprehension,  and  thereby  to  obtain  con 
cessions  from  the  constituted  authorities  which  might  be  claimed  as  a 
triumph  over  the  existing  government. 

"With  the  dispersion  of  Mr.  Dorr's  troops  ended  all  difficulties. 
A  convention  was  shortly  afterwards  called,  by  due  course  of  law,  to 
amend  the  fundamental  law,  and  a  new  constitution,  based  on  more 
liberal  principles  than  that  abrogated,  was  proposed,  and  adopted  by 


70  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

the  people.  Thus  the  great  American  experiment  of  a  change  in  gov 
ernment  under  the  influence  of  opinion  and  not  of  force  has  been  again 
crowned  with  success,  and  the  State  and  people  of  Rhode  Island  repose 
in  safety  under  institutions  of  their  own  adoption,  unterrificd  by  any 
future  prospect  of  necessary  change  and  secure  against  domestic  vio 
lence  and  invasion  from  abroad.  I  congratulate  the  countiy  upon  so 
happy  a  termination  of  a  condition  of  things  which  seemed  at  one  time 
seriously  to  threaten  the  public  peace.  It  may  justly  be  regarded  as 
worthy  of  the  age  and  of  the  country  in  which  we  live." 

Mr.  Dorr  returned  to  the  State  on  the  29th  of  October,  was  arrested, 
tried  upon  a  charge  of  high  treason,  convicted  and  sentenced  to 
imprisonment  for  life,  but  was  released  in  1847,  under  a  general  act  of 
amnesty.a 

After  the  termination  of  the  political  contention,  and  pending  the 
trial  of  Dorr,  the  matter  reached  the  courts  through  an  action  of  tres 
pass  brought  by  one  Martin  Luther,  one  of  the  Dorr  partisans,  against 
Luther  M.  Borden  et  al.,  militiamen,  who  at  the  command  of  their 
captain  had  broken  and  entered  plaintiff's  house  and  searched  the 
rooms,  supposing  him  to  be  there  concealed,  in  order  to  arrest  him. 
The  defendant  plead  that  martial  law  had  been  declared  by  the  legis 
lature  of  the  State,  and  he,  being  a  military  officer  and  acting  under 
the  orders  of  his  superior,  had  entered  as  he  lawfully  might.  The 
United  States  circuit  court  for  Rhode  Island  found  for  the  defendants, 
thus  recognizing  the  established  government,  and  on  this  the  case 
went  to  the  Supreme  Court  of  the  United  States  on  writ  of  error. 
The  latter  affirmed  the  judgment  of  the  circuit  court,  upon  the  ground 
that  the  government  of  a  State,  by  its  legislature,  has  the  power  to 
protect  itself  from  destruction  by  armed  rebellion  by  declaring  mar, 
tial  law,  and  that  the  legislature  is  the  sole  judge  of  the  existence  of 
the  necessary  exigenc}7.  The  language  of  the  court,  so  far  as  it  relates 
to  the  power  of  the  President  to  interfere  in  cases  of  domestic  vio 
lence,  is  interesting,  as  forming  the  earliest  judicial  interpretation  of 
the  subject:6 

The  fourth  section  of  the  fourth  article  of  the  Constitution  of  .the  United  States 
provides  that  the  United  States  shall  guarantee  to  every  State  in  the  Union  a  repub 
lican  form  of  government,  and  shall  protect  each  of  them  against  invasion,  and  on 
the  application  of  the  legislature  or  of  the  executive  (when  the  legislature  can  not 
be  convened)  against  domestic  violence. 

«The  most  complete  account  of  this  affair,  though  an  opinionated  one,  is  in  the 
report  of  the  Select  Committee  of  the  House  of  Representatives,  submitted  June  7, 
1844  (H.  R.  Report  No.  546,  Twenty -eighth  Congress,  first  session).  But  see,  how 
ever,  A  Report  of  the  Trial  of  Thomas  Wilson  Dorr,  etc.,  Providence  ( B.  T.  Moore, 
printer),  1844,  Rhode  Island  Pamphlets,  vol.  1,  War  Department  Library;  Might 
and  Right,  by  a  Rhode  Islander,  Providence  (A.  H.  Stillwell),  1844;  Message  of 
President  Tyler,  dated  April  9,  1844,  in  response  to  a  House  resolution  of  March  23, 
1844. 

&  Luther  r.  Borden,  7  Howard,  1. 


THE    DORR    REBELLION,   1842.  7l 

Under  this  article  of  the  Constitution,  it  rests  with  Congress  to  decide  what  gov 
ernment  is  the  established  one  in  a  State;  for.  as  the  United  States  guarantee  to 
each  State  a  republican  government,  Congress  must  necessarily  decide  what  govern 
ment  is  established  in  a  State  before  it  can  determine  whether  it  is  republican  or  not; 
and  when  the  Senators  and  Representatives  of  a  State  are  admitted  into  the  coun 
cils  of  the  Union  the  authority  of  the  government  under  which  they  are  appointed, 
as  well  as  its  republican  character,  is  recognized  by  the  proper  constitutional  author 
ity,  and  its  decision  is  binding  on  every  other  department  of  the  Government  and 
could  not  be  questioned  in  a  judicial  tribunal.  It  is  true  that  the  contest  in  this  case 
did  not  last  long  enough  to  bring  the  matter  to  this  issue;  and  as  no  Senators  or 
Representatives  were  elected  under  the  authority  of  the  government  of  which  Mr. 
Dorr  was  the  head,  Congress  was  not  called  upon  to  decide  the  controversy;  yet 
the  right  to  decide  is  placed  there,  and  not  in  the  courts. 

So,  too,  as  relates  to  the  clause  in  the  above-mentioned  article  of  the  Constitution, 
providing  for  cases  of  domestic  violence.  It  rested  with  Congress,  too,  to  determine 
upon  the  means  proper  to  be  adopted  to  fulfill  this  guaranty.  They  might,  if  they 
had  deemed  it  most  advisable  to  do  so,  have  placed  it  in  the  power  of  a  court  to 
decide  when  the  contingency  had  happened  which  required  the  Federal  Govern 
ment  to  interfere.  But  Congress  thought  otherwise,  and  no  doubt  wisely;  and  by 
the  act  of  February  28,  1795,  provided  that  "in  case  of  an  insurrection  in  any  State 
against  the  government  thereof  it  shall  be  lawful  for  the  President  of  the  United 
States,  on  application  of  the  legislature  of  such  State,  or  of  the  executive  when  the 
legislature  can  not  be  convened,  to  call  forth  such  number  of  the  militia  of  any  other 
State  or  States,  as  may  be  applied  for,  as  he  may  judge  sufficient  to  suppress  such 
insurrection." 

By  this  act  the  power  of  deciding  whether  the  exigency  had  arisen  upon  which 
the  Government  of  the  United  States  is  bound  to  interfere  is  given  to  the  President. 
He  is  to  act  upon  the  application  of  the  legislature,  or  of  the  executive,  and  conse 
quently  he  must  determine  what  body  of  men  constitute  the  legislature,  and  who  is 
the  governor,  before  he  can  act.  The  fact  that  both  parties  claim  the  right  to  the 
government  can  not  alter  the  case,  for  both  can  not  be  entitled  to  it.  If  there  is  an 
armed  conflict,  like  the  one  of  which  we  are  speaking,  it  is  a  case  of  domestic  violence, 
and  one  of  the  parties  must  be  in  insurrection  against  the  lawful  government.  And 
the  President  must,  of  necessity,  decide  which  is  the  government  and  which  party 
is  unlawfully  arrayed  against  it  before  he  can  perform  the  duty  imposed  upon  him 
by  the  act  of  Congress. 

After  the  President  has  acted  and  called  out  the  militia  is  a  circuit  court  of  the 
United  States  authorized  to  inquire  whether  his  decision  was  right?  Could  the  court, 
while  the  parties  were  actually  contending  in  arms  for  the  possession  of  the  govern 
ment,  call  witnesses  before  it  and  inquire  which  party  represented  a  majority  of  the 
people?  If  it  could,  then  it  would  become  the  duty  of  the  court  (provided  it  came 
to  the  conclusion  that  the  President  had  decided  incorrectly)  to  discharge  those  who 
were  arrested  or  detained  by  the  troops  in  the  service  of  the  United  States,  or  the 
government  which  the  President  was  endeavoring  to  maintain.  If  the  judicial  power 
extends  so  far,  the  guaranty  contained  in  the  Constitution  of  the  United  States  is  a 
guaranty  of  anarchy,  and  not  of  order.  Yet,  if  this  right  does  not  reside  in  the 
courts  when  the  conflict  is  raging,  if  the  judicial  power  is,  at  that  time,  bound  to  fol 
low  the  decision  of  the  political,  it  must  be  equally  bound  \vhen  the  contest  is  over. 
It  can  not,  when  peace  is  restored,  punish  as  offenses  and  crimes  the  acts  which  it 
before  recognized,  and  was  bound  to  recognize,  as  lawful. 

It  is  true  that  in  this  case  the  militia  were  not  called  out  by  the  President.  But 
upon  the  application  of  the  governor  under  the  charter  government  the  President 
recognized  him  as  the  executive  power  of  the  State,  and  took  measures  to  call  out 
the  militia  to  support  his  authority  if  it  should  be  found  necessary  for  the  General 


72  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Government  to  interfere;  and  it  is  admitted  in  the  argument  that  it  was  the  knowl 
edge  of  this  decision  that  put  an  end  to  the  armed  opposition  to  the  charter  govern 
ment  and  prevented  any  further  efforts  to  establish  by  force  the  proposed  constitution. 
The  interference  of  the  President,  therefore,  by  announcing  his  determination,  was 
as  effectual  as  if  the  militia  had  been  assembled  under  his  orders;  and  it  should  be 
equally  authoritative,  for  certainly  no  court  of  the  United  States,  with  a  knowledge 
of  this  decision,  would  have  been  justified  in  recognizing  the  opposing  party  as  the 
lawful  government,  or  in  treating  as  wrongdoers  or  insurgents  the  officers  of  the  gov 
ernment  which  the  President  had  recognized  and  was  prepared  to  support  by  an 
armed  force.  In  the  case  of  foreign  nations  the  government  acknowledged  by  the 
President  is  always  recognized  in  the  courts  of  justice.  And  this  principle  has  been 
applied  by  the  act  of  Congress  to  the  sovereign  States  of  the  Union. 

It  is  said  that  this  power  in  the  President  is  dangerous  to  liberty,  and  may  be 
abused.  All  power  may  be  abused  if  placed  in  unworthy  hands.  But  it  would  be 
difficult,  we  think,  to  point  out  any  other  hands  in  which  this  power  would  be  more 
safe  and  at  the  same  time  equally  effectual.  When  citizens  of  the  same  State  are  in 
arms  against  each  other  and  the  constituted  authorities  unable  to  execute  the  laws, 
the  interposition  of  the  United  States  must  be  prompt  or  it  is  of  little  value.  The 
ordinary  course  of  proceedings  in  courts  of  justice  would  be  utterly  unfit  for  the 
crisis.  And  the  elevated  office  of  the  President,  chosen  as  he  is  by  the  people  of 
the  United  States,  and  the  high  responsibility  he  could  not  fail  to  feel  when  acting 
in  a  case  of  so  much  moment,  appear  to  furnish  as  strong  safeguards  against  a  wilful 
abuse  of  power  as  human  prudence  and  foresight  could  well  provide.  At  all  events, 
it  is  conferred  upon  him  by  the  Constitution  and  laws  of  the  United  States,  and 
must,  therefore,  be  respected  and  enforced  in  its  judicial  tribunals. 

A  question  very  similar  to  this  arose  in  the  case  of  Martin  v.  Mott,  12  Wheat., 
29-31.  The  first  clause  of  the  first  section  of  the  act  of  February  28,  1795,  of  which 
we  have  been  speaking,  authorizes  the  President  to  call  out  the  militia  to  repel  inva 
sion.  It  is  the  second  clause  in  the  same  section  which  authorizes  the  call  to  suppress 
an  insurrection  against  a  State  government.  The  power  given  to  the  President  in 
each  case  is  the  same,  with  this  difference  only,  that  it  can  not  be  exercised  by  him 
in  the  latter  case  except  upon  the  application  of  the  legislature  or  executive  of  the  State. 
The  case  above  mentioned  arose  out  of  a  call  made  by  the  President  by  virtue  of  the 
power  conferred  by  the  clause,  and  the  court  said  that  "whenever  a  statute  gives  a 
discretionary  power  to  any  person,  to  be  exercised  by  him  upon  his  own  opinion 
of  certain  facts,  it  is  a  sound  rule  of  construction  that  the  statute  constitutes  him  the 
sole  and  exclusive  judge  of  the  existence  of  those  facts."  The  grounds  upon  which 
that  opinion  is  maintained  are  set  forth  in  the  report,  and,  we  think,  are  conclusive. 
The  same  principle  applies  to  the  case  now  before  the  court.  Undoubtedly  if  the 
President,  in  exercising  this  power,  shall  fall  into  error  or  invade  the  rights  of  the 
people  of  the  State,  it  would  be  in  the  power  of  Congress  to  apply  the  proper  remedy. 
But  the  courts  must  administer  the  law  as  they  find  it. 

The  condition  of  the  Army  at  this  time  (1842)  was  one  of  compara 
tive  inactivity,  as  indeed  its  strength  amply  justified.  On  the  1st  of 
October  the  whole  number  of  troops  in  service  was  9,84:7,  being  then 
nearly  2,000  in  excess  of  the  number  authorized,  and  these  were  occu 
pying  72  posts,  while  1,644  officers  and  men  were  still  in  Florida, 
condition  ' '  ^e  invasi°n  °f  Texas  by  Mexico,"  says  the  Secretary 
of  War  in  his  annual  report,  "and  the  threatening 
appearances  of  some  of  the  wild  tribes  at  the  south 
west,  renders  it  expedient  that  a  strong  corps  of  observation  should 
be  placed  near  our  southwestern  boundary  line,  as  well  to  keep  the 
Indians  in  that  quarter  at  peace  among  themselves,  as  to  check  any 


THE    REGULAR    ARMY,   1848-1855.  73 

disposition  and  prevent  any  attempts  to  engage  in  the  conflict  in  which 
Texas  was  about  to  be  involved."  The  apprehensions  of  the  Adminis 
tration  were  to  be  speedily  realized,  as  indeed  there  was  the  best  of 
reasons  for  expecting.  The  ready  acceptance  on  the  part  of  Texas  of 
the  terms  of  annexation  preferred  by  this  Government  excited  the 
ill  will  of  the  Government  of  Mexico,  which  at  once  set  on  foot 
extensive  preparations  to  invade  and  subjugate  Texas.  General  Tay 
lor  was  accordingly  sent  to  the  Rio  Grande  frontier  with  an  "army 
of  occupation,"  to  supply  which  troops  were  drawn  from  the  seaboard 
and  northern  frontier.  The  exaggerated  accounts  of  the  strength  of 
the  Mexican  forces,  and  the  meagerness  of  his  own,  induced  General 
Taylor  to  make  requisition  on  Louisiana  for  militia,  and  the  two  com 
panies  of  artillery  from  New  Orleans,  thus  unwarrantably  called  out, 
though  subsequently  authorized  by  Congress,  were  the  first  volunteer 
troops  to  enter  the  Mexican  war.  Later,  General  Taylor  called  upon 
Texas  and  Louisiana  for  four  regiments  each,  which  were  promptly 
furnished.  As  soon  as  it  became  known  that  Mexico  had  commenced 
hostilities,  Congress  recognized  the  existence  of  war  between  the 
United  States  and  Mexico,  and  by  act  of  May  13,  1846,  authorized  the 
President  to  accept  50,000  volunteers.  Under  this  authority  requi 
sitions  were  made  upon  the  States  of  Arkansas,  Mississippi,  Alabama, 
Georgia,  Tennessee,  Kentucky,  Missouri,  Illinois,  Indiana,  Ohio,  and 
Texas,  and  the  Regular  Army  was  increased  to  17,000.  The  response 
to  these  requisitions  was  prompt  and  unhesitating,  and  the  situation 
was  thus  removed  from  one  of  invasion  or  domestic  violence  to  that 
of  actual  war.  The  official  date  for  the  beginning  of  this  war  is  April 
24,  1846;  for  its  termination,  May  30,  18-48. 

Notwithstanding  the  enlargement  of  the  national  domain  growing  out 
of  the  acquisition  of  the  vast  territory  gained  from  Mexico  and  the  con 
sequent  expansion  of  frontier,  the  Regular  Army  was  not  increased; 
on  the  contrary,  it  was  reduced  nearly  2,000  below  the 
The RegigrArmy,  authorized  strength  of  1838.  By  the  act  of  July  7, 
1838,  it  was  fixed  at  12, 539,  and  by  acts  of  May  13, 15, and 
19,  June  18  and  26,  1846,  February  11  and  March  3,  1847,  it  had  been 
gradually  enlarged,  until  the  termination  of  hostilities  found  an  author 
ized  force  of  30,865.  But  this,  by  the  acts  of  August  14,  1848,  was 
cut  down  to  10,317,  and  with  that  inconsiderable  number  it  continued 
to  garrison  its  60  to  75  posts  and  guard  the  coast  and  frontier  until 
1855,  when,  by  the  act  of  March  3  of  that  year,  it  was  increased  to 
12,698,  and  thus  remained  until  the  breaking  out  of  the  civil  war. 

During  all'  this  period  (1842-1855)  the  country  was  singularly  free 
from  domestic  disturbances.  The  exception  was  in  the  territories 
recently  gained  from  Mexico.  "The  peculiar  condition  of  the  terri 
tories  of  California  and  New  Mexico,"  says  the  Secretary  of  War  in 
his  annual  report  for  1849,  "in  respect  to  their  internal  governments 
and  the  absence  of  any  clearly  defined  authority  by  Congress  for  this 


74  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

object,  has  imposed  delicate  and  difficult  duties  on  the  Army.  One  of 
its  assigned  duties  is  to  aid  civil  functionaries,  when  required,  in  the 
preservation  of  public  tranquillity.  But  it  is  believed  that  the  civil 
authority,  so  far  as  it  had  its  origin  in  political  power,  in  a  great 
measure  disappeared  by  the  transfer  of  the  sovereignty  and  jurisdic 
tion  from  Mexico  to  the  United  States.  The  military  regulations 
established  for  their  government  during  the  war  were  superseded  by 
the  return  of  peace.  A  large  concourse  of  foreign  emigrants,  not 
familiar  with  our  institutions  and  habits,  has  been  assembled  in  one  of 
the  territories  and  engaged  in  a  pursuit  eminently  calculated  to  pro 
duce  collisions  and  bloodshed.  Amidst  all  these  difficulties  the  Army, 
aided  by  the  confirmed  habit  of  self-government  in  which  the  Ameri 
can  citizen  is  reared,  has  protected  these  territories  from  general  or 
unusual  disorders." 

As  time  progressed,  these  seeming  difficulties  adjusted  themselves. 
The  governors  of  California  and  Oregon  deemed  the  small  regular 
force  wholly  inadequate  to  protect  their  territories  from  the  disorders 
incident  to  the  incoming  of  the  vast  hordes  of  adventurers  called 
thither  by  the  unexpected  discovery  of  gold,  and  from  the  predatory 
bands  of  bad  Indians.  Under  these  circumstances  they  requested  per 
mission  to  organize  companies  of  rangers  to  be  called  out  at  such  times 
and  for  such  periods  as  emergencies  might  demand.  But  this  the 
President  deemed  incompatible  with  the  Constitution  and  laws,  and 
declined  to  authorize.  Two  additional  regiments  were  sent  to  the 
Pacific  coast,  and  with  this  force  the  new  territories  were  speedily 
quieted. 

The  next  serious  disturbance  was  to  come  from  New  England,  a 
section  heretofore  remarkable  for  its  domestic  quiet  and  order.  "  The 
passage  of  the  fugitive  slave  act,"  says  Mr.  Wilson  in  his  history  of 
the  slave  power,  "  was  the  signal  for  a  general  commotion  throughout 
the  land.  Its  uplifted  hand  was  directed  first  against  the 

fugitives,  of  whom  it  was  estimated  that  there  were  more  than  20,000 
in  the  free  States  for  beside  them  there  were  large  num 

bers  of  free  persons  with  whom  these  fugitives  had  intermarried,  and 
to  whom  the}r  were  joined  in  the  various  relations  of  social  and  religious 
life."a  The  specially  offensive  features  of  this  law  (act  of  September 
18,  1850),  which  was  a  revival  of  the  law  of  1793,  were  those  which 
made  it  the  duty  of  United  States  marshals  to  arrest  and  return  all 
fugitives  brought  to  their  attention,  authorizing  them  to  summon  for 
that  purpose  as  large  a  posse  as  might  be  necessary,  and  making  the 
Government  responsible  for  their  delivery  to  their  former  masters. 
Immediately  upon  the  passage  of  this  bill  public  meetings  were  held 
all  over  the  North;  Massachusetts  and  New  York  were  especially 


«Rise  and  Fall  of  the  Slave  Power  in  America.     Henry  Wilson  (Boston,  1874),  Vol. 
II,  p.  304  et  seq. 


THE  SHADRACH  CASE,  FEBRUARY  15,  1851.         75 

active  in  denunciation  of  the  measure.  The  execution  of  the  law  was 
everywhere  opposed;  in  many  cases  successfully.  At  Harrisburg,  Pa. , 
Syracuse,  N.  Y.,  Philadelphia,  and  other  places,  slaves  who  had  been 
arrested  were  rescued  and  their  captors  severely  handled. 

The  two  cases  which  attracted  the  most  attention  r.t  the  time,  and 
served  perhaps  to  accelerate  the  zeal  of  the  officers,  were  those  of  Simms 
and  Shadrach.  On  February  15,  1851,  Shadrach,  a  waiter  in  a  coffee- 

The  house  in  Boston,  was  arrested  under  a  warant  issued  by 

'      a  United  States  commissioner,  and  brought  before  the 

185L  latter  for  examination.     The  hearing  had  been  post 

poned  and  the  prisoner  remanded  to  the  custody  of  the  deputy  marshal. 
While  the  counsel  were  conferring,  the  door  was  forcibly  broken  open, 
the  prisoner  seized,  carried  awTay ,  and  sent  to  Canada,  where  he  arrived 
safeh'.  The  excitement  wras  intense.  On  the  18th  of  February  the 
President  issued  a  proclamation  in  which,  after  reciting  the  incident 
at  Boston,  he  called  upon  all  w^ell-disposed  citizens  to  rally  to  the  sup 
port  of  the  laws  of  their  country;  required  and  commanded  all  officers 
and  persons,  civil  and  military,  to  aid  and  assist  by  all  means  in  their 
power  in  quelling  this  and  all  similar  combinations  and  assisting  the 
marshal  to  recapture  the  prisoner,  and  further  commanding  the  officers 
of  the  courts  to  cause  all  persons  concerned  in  the  rescue  to  be  imme 
diately  arrested  and  proceeded  with  according  to  law/'  At  the  same 
time  the  following  instructions  were  sent  to  the  commanding  officer  of 
the  United  States  troops  in  Boston  Harbor: 

WAR  DEPARTMENT, 
Washington,  February  11 ',  185 1. 

SIR:  Information  has  just  been  communicated  to  the  President  that  a  number  of 
persons,  principally  people  of  color,  in  the  city  of  Boston  did  a  few  days  since  com 
bine  to  resist  the  execution  of  the  law  providing  for  the  arrest  of  fugitive  slaves,  and 
did  forcibly  rescue  a  slave  who  had  been  arrested  from  the  custody  of  the  officers  of 
justice.  It  is  possible  that  the  civil  authorities  may  find  it  necessary  to  call  in  the 
military  force  to  aid  in  the  execution  of  the  law.  If  such  should  be  the  case,  and 
the  marshal  or  any  of  his  deputies  shall  exhibit  to  you  the  certificate  of  the  circuit 
or  district  judge  of  the  United  States  in  the  State  of  Massachusetts,  stating  that  in  his 
opinion  the  aid  of  a  military  force  is  necessary  to  insure  the  due  execution  of  the 
laws,  and  shall  require  your  aid  and  that  of  the  troops  under  your  command  as  a 
part  of  the  posse  comitatus,  you  will  place  under  the  control  of  the  marshal  yourself 
and  such  portion  of  your  command  as  may  be  deemed  adequate  to  the  purpose.  If 
neither  the  circuit  or  district  judge  shall  be  in  the  city  of  Boston  when  the  exigency 
above  referred  to  shall  occur,  the  written  certificate  of  the  marshal  alone  will  be 
deemed  sufficient  authority  for  you  to  afford  the  requisite  aid. 
Very  respectfully,  etc., 

C.  M.  CONRAD, 
Secretary  of  War. & 

«  Messages  and  Papers  of  the  Presidents.     Richardson's  compilation,  vol.  5,  p.  109. 

&See  also  Attorney-General  Gushing:  "A  marshal  of  the  United  States,  when 
opposed  in  the  execution  of  his  duty  by  unlawful  combinations,  has  authority  to 
summon  the  entire  able-bodied  force  of  his  precinct  as  a  posse  comitatus.  This 
authority  comprehends,  not  only  bystanders  and  other  citizens  generally,  but  any 
and  all  organized  armed  force,  whether  militia  of  the  State  or  officers,  soldiers,  sail 
ors,  and  marines  of  the  United  States."  (6  Opin.,  466.) 


76  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

On  the  3d  of  the  following  April  a  second  case  occurred,  which,  if 
less  fortunate  for  the  fugitive,  was  more  exasperating  to  the  anti- 
slavery  element  in  Boston.  Thomas  M.  Simms,  a  fugitive  slave  from 
Georgia,  was  on  that  day  arrested  by  the  Boston  police  on  a  warrant 
issued  by  United  States  Commissioner  Curtis,  on  the  application  of  the 

United  States  marshal,  on  the  pretence  of  being  a  thief , 
f86'    anc^  taken   to  the  court-house  and  put  under  guard. 

Intelligence  of  the  arrest  spread  quickly  throughout 
the  city  and  an  immense  crowd  hurried  to  the  scene.  The  court-house 
was  surrounded  by  chains,  the  entire  police  force  put  on  duty,  and  a 
serious  riot  happily  averted.  A  writ  of  habeas  corpus  was  refused 
and  Simms  was  ordered  to  be  returned  to  his  master.  At  5  o'clock  the 
next  morning  he  was  taken  from  his  cell,  placed  in  a  hollow  square  of 
300  policemen  heavily  armed,  and  put  on  board  a  vessel  under  orders 
for  Savannah.  A  large  body  of  militia  occupied  Faneuil  Hall  and 
other  points  prepared  to  render  assistance,  but  the  early  hour  pre 
vented  the  anticipated  outbreak.  Great  popular  excitement  suc 
ceeded;  indignation  meetings  attended  by  immense  throngs  were  held 
at  several  points  in  Boston  and  throughout  New  England.  That  serious 
riots  were  averted  at  this  time  seems  to  have  been  solely  due  to  the 
forbearance  of  the  people,  a  majority  of  whom  were  unalterably  opposed 
to  slavery. 

The  impending  outbreak  was  merely  delayed.  On  the  23d  of  Ma}^, 
1854,  one  Charles  F.  Suttle,  of  Virginia,  applied  to  United  States 
Commissioner  Edward  G.  Loring,  of  Boston,  for  a  warrant  under  the 
fugitive-slave  law  for  the  seizure  of  one  Anthony  Burns,  then  residing 

in  that  city,  whom  he  claimed  had  fled  from  his  home 

The 

Anthony  Bums  riots,  some  two  vears  before.     A  warrant  was  granted,  and 

May26,1854.  "  .  .     ,  .          *     ,. 

Burns,  who  had  not  the  slightest  warning  ot  his  appre 
hension,  was  arrested  on  a  false  pretext,  taken  to  the  court-house,  and 
turned  over  to  the  United  States  marshal.  On  the  25th  he  was 
brought  before  the  commissioner,  who  adjouK?ied  the  hearing  until  the 
27th.  This  arrest  and  the  unwonted  publicity  given  to  all  its  details 
created  the  most  intense  excitement  throughout  the  city.  On  the 
night  of  the  26th  immense  meetings  were  held  at  Faneuil  Hall  and 
other  places  for  large  assemblages,  and  it  was  openly  avowed  that 
Burns  should  not  be  taken  from  the  city.  The  meetings  counseled  a 
rescue  of  the  prisoner;  a  night  attack  on  the  court-house  was  proposed 
and  carried;  50,000  people  were  in  the  streets.  Without  apparent 
plan  or  hope  of  success  the  assault  was  made,  but  easily  repulsed,  and 
the  rioters,  who  included  some  of  the  leading  anti-slavery  men  of  Bos 
ton,  were  driven  from  the  scene,  to  be  arrested  later  by  the  police. 
One  of  the  marshal's  guard  was  killed  and  several  of  the  assailants 
badly  wounded.  At  3  a.  m.  on  the  morning  of  the  27th  there  was 
delivered  to  the  commanding  officer  at  Fort  Independence  the  following 
papers: 


THE    ANTHONY    BURNS    RIOTS,   MAY    20,   1854.  77 

To  WATSON  FREEMAN,  Esq., 

Marshal  of  the  United  States,  Massachusetts  District. 

From  facts  which  have  been  made  known  to  me,  I  am  of  opinion  that  it  is  neces 
sary  that  an  efficient  posse  comitatus  should  be  called  out  to  aid  you  in  enforcing 
the  laws  of  the  United  States  in  the  case  of  Anthony  Burns,  now  held  by  you  by 
warrant  from  Edward  G.  Loring,  esq.,  one  of  the  commissioners  of  the  circuit  court 
of  the  United  States  in  the  district  of  Massachusetts,  an  alleged  fugitive  from  labor. 
Dated  at  Boston  the  26th  day  of  May,  A.  D.  1854. 

P.  SPEAGUE, 
Judge  of  the  United  States  for  the  District  of  Massachusetts. 

To  the  COMMANDER  OF  THE  UNITED  STATES  TROOPS  AT  FORT  INDEPENDENCE: 

SIR:  I  send  you  a  certified  copy  of  the  judge's  certificate  that  in  his  opinion  an 
efficient  posse  comitatus  should  be  called  out  to  enforce  the  laws  of  the  United 
States.  You  will  please  to  send  me  all  the  military  force  at  your  disposal  as  soon  as 
possible,  to  report  to  me  at  the  court-house,  Boston. 

Respectfully  yours,  WATSON  FHEEMAN, 

United  States  Marshal. 
P.  S. — 1  refer  you  to  the  order  of  the  Department  of  February  17,  1851. 

In  response  to  this  demand  two  batteries  of  the  Fourth  Artillery, 
2  officers  and  <i2  men,  with  two  field  pieces,  under  the  command  of 
Brevet  Maj.  S.  C.  Ridgety,  left  Fort  Independence  at  5  a.  m.  of  the 
27th,  and  reported  to  the  marshal.  A  similar  demand  on  the  com 
mandant  of  the  navy-yard  at  Charlestown  brought  a  detachment  of 
marines  and  sailors,  while  an  order  of  the  governor  called  out  all  the 
militia  of  Boston  and  neighboring  towns.  At  the  hearing  Burns  was 
ordered  to  be  returned  to  his  master;  there  was  great  excitement, 
occasioned  by  the  severe  denunciation  against  the  officers  of  the  Gov 
ernment  made  by  the  counsel  for  Burns,  among  them  the  most  emi 
nent  lawyers  in  the  State,  and  there  were  fears  of  a  renewal  of  the 
scenes  of  the  26th.  To  provide  for  this  the  United  States  marshal 
and  attorney  telegraphed  General  Scott  on  the  29th  that— 

A  larger  military  force  is  necessary  to  execute  the  laws  of  the  United  States.  You 
are  requested  to  forward  forthwith  all  the  troops  you  can  spare  to  Fort  Independ 
ence.  Let  these  report  to  the  United  States  marshal  at  Boston  court-house. 

General  Scott,  conceiving  that  he  had  no  authority  to  act  without 
the  orders  of  the  President,  telegraphed  to  Washington  for  instruc 
tions,  at  the  same  time  directing  the  troops  in  New  York  Harbor  to  be 
held  in  readiness  to  move  at  a  moment's  notice;  but  fortunately  there 
was  no  occasion  for  their  services.  Guarded  by  a  large  armed  force 
of  police  and  military,  Burns  was  taken  through  masses  of  shouting, 
angry,  and  excited  people,  estimated  to  number  200,000,  to  the  wharf 
and  placed  on  board  a  United  States  revenue  cutter,  which  sailed  for 
Virginia  under  the  escort  of  several  naval  vessels.  The  troops  were 
discharged  by  the  marshal  on  the  2d  of  June  and  returned  to  their 
stations,01 

«  H.  E.  Doc.  No.  30,  Forty-fourth  Congress,  second  session,  pp.  89-91, 


78  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

About  the  same  time  one  Joshua  Glover  was  arrested  at  Racine, 

"VVis.,  as  a  fugitive  slave  and  taken  to  Milwaukee.     The  people  of 

Racine  wis        Racine,  enraged  by  the  arrest,  held  a  public  meeting  at 

1854.  which  a  vigilance  committee  was  appointed;  100  men 

fully  armed  went  to  Milwaukee,  where  they  were  joined  by  many 

hundreds  of  the  citizens  of  that  town ;  assaulted  the  jail  and  rescued 

the  prisoner,  who  was  taken  back  to  Racine  and  sent  to  Canada.     The 

affair  created  great  excitement,  and  the  commanding  officer  of  the 

troops  at  Fort  Brady  was  called  on  for  aid,  but  the  excitement  subsided 

before  he  could  obtain  instructions  from  Washington. 


IV.  FROM   THE   KANSAS   TROUBLES  TO  THE  END  OF  THE   WAR 
OF  THE  REBELLION. 

DISTURBANCES  IN  KANSAS,  1854-1858— THE  SAN  FRANCISCO,  CAL.,  VIGILANCE  COMMIT 
TEE,  1856— THE  MORMON  REBELLION,  1851-1858— THE  UTAH  EXPEDITION,  1857— DIS 
TURBANCES  AT  PROVO,  UTAH,  1859— THE  AFFAIR  AT  HARPERS  FERRY,  VA.,  1859— THE 
WAR  OF  THE  REBELLION,  1861-1865. 


The  act  of  May  31,  1854,  providing  for  the  erection  in  the  mid 
continent  of  two  immense  Territories  under  the  names  of  Nebraska 
and  Kansas,  and  permitting  the  inhabitants  of  those  Territories  to 
decide  for  themselves  whether  slavery  should  or  should  not  exist 
within  their  limits  (10  Stat.  L.,  277),  was  the  occasion  for  a  political 
struggle  that  forms  one  of  the  most  important  chapters  in  the  history 
of  the  United  States.  Almost  immediately  after  the  passage  of  the 
act  emigration  commenced  to  flow  into  those  Territories  from  the 
free-labor  States,  largely  from  New  England,  accelerated  by  the 
investment  of  large  sums  of  money  by  industrial  capitalists;  and  these 
settlers  not  unreasonably  brought  with  them  the  political  principles, 
the  prejudices,  and  habits  of  their  section.  They  settled  along  the 
streams  of  the  eastern  section  of  both  Territories  and  founded  in 
Kansas  the  towns  of  Lawrence,  Topeka,  Pawnee,  Grasshopper  Falls, 
and  a  few  others.  At  the  same  time  another  stream  of  settlers  came 
in  from  the  slaveholding  States,  very  considerably  from  Missouri, 
which  formed  the  eastern  border  of  Kansas,  and  settled  at  points 
which  they  called  Atchison,  Kickapoo,  Donaphan,  Lecompton.  It  is 
not  too  much  to  assume  with  equal  impartiality  that  the  settled  con 
victions  of  generations  of  sires  were  not  left  behind  by  the  sons  who 
left  the  slaveholding  States  to  take  up  homes  in  Kansas.  "As  a 
result  of  this  state  of  things,"  says  Mr.  Douglas  in 

Disturbances  i        « 

ij^Kfumis,  his  report  of  March  12,  1856,  to  the  Senate  (Senate 
Report,  Committee  34,  Thirty-fourth  Congress,  first 
session),  "the  great  mass  of  emigrants  from  the  Northwest  and  from 
other  States  who  went  there  on  their  own  account,  with  no  other 
object  and  influenced  by  no  other  motives  than  to  improve  their  con 
dition  and  secure  good  homes  for  their  families,  were  compelled  to 
array  themselves  under  the  banner  of  one  of  these  hostile  parties  in 
order  to  insure  protection  to  themselves  and  their  claims  against  the 
aggressions  and  violence  of  the  other." 

In  October,  1854,  A.  H.  Reeder,  who  had  been  appointed  governor 
of  the  Territory  of  Kansas,  arrived  at  Fort  Leavenworth  and  took 

79 


80  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

the  necessaiy  measures  for  the  election  of  a  Territorial  legislature,  as 
required  by  the  act  of  May  31.  This  election  was  held  in  March, 
1855,  and  resulted  in  a  large  pro-slavery  majority.  The  legislature 
met  at  a  small  settlement  near  the  Missouri  line,  known  as  "Shawnee 
Mission,"  where  they  proceeded  to  enact  laws;  the  most  of  which 
were  vetoed  by  Governor  Reeder,  and  instantly  passed  over  his  veto. 
This  condition  of  affairs  culminated  in  an  attempt  of  the  governor  to 
remove  the  seat  of  government  to  an  equally  obscure  settlement  on 
the  military  reservation  of  Fort  Riley,  known  as  "Pawnee  City," 
when  he  was  removed  from  office  (August,  1855)  and  Wilson  Shannon, 
of  Ohio,  appointed  to  the  vacancy.  In  October  the  anti-slavery  citi 
zens  assembled  in  convention  at  Topeka  and  framed  another  constitu 
tion,  which  made  Kansas  a  free-labor  State,  and  on  this  demanded 
admission  to  the  Union.  From  this  date  a  reign  of  terror  was  inau 
gurated  in  Kansas;  all  classes  of  men  went  about  armed,  and  little  or 
no  regard  was  had  to  either  law  or  order.  On  the  28th  of  November 
Governor  Shannon  reported  to  the  President  that  he  was  satisfied  that 
a  secret  military  organization  existed  in  the  Territory,  in  numbers 
estimated  at  1,000  to  2,000,  having  for  its  object  a  forcible  resistance 
to  the  laws;  that  prisoners  had  been  rescued  from  the  hands  of  the 
officers;  cattle  were  being  killed,  crops  and  other  personal  property 
destroyed,  and  women  and  children  driven  out  of  the  Territory;  that 
a  sheriff  had  called  on  him  for  3,000  men  to  aid  him  in  executing  war 
rants  in  his  hands,  and  that  in  order  to  avoid  civil  war  he  had  directed 
that  all  the  militia  at  his  disposal  be  sent  to  the  aid  of  the  sheriff. 
Three  days  later  he  dispatched  the  following  telegram  to  the  Presi 
dent  :« 

WESTPORT,  Mo.,  December  1,  1855. 
His  Excellency  FRANKLIN  PIERCE: 

I  desire  authority  to  call  on  the  United  States  forces  at  Leavenworth  to  preserve 
the  peace  of  this  Territory;  to  protect  the  sheriff  of  Douglas  County,  and  enable 
him  to  execute  the  legal  process  in  his  hands.  If  the  laws  are  not  executed  civil 
war  is  inevitable.  An  armed  force  of  1,000  men,  with  all  the  implements  of  war,  it 
is  said,  are  at  Lawrence.  They  have  rescued  a  prisoner  from  the  sheriff,  burnt 
houses,  and  threatened  the  lives  of  citizens.  Immediate  assistance  is  desired.  This 
is  the  only  means  to  save  bloodshed. 

Particulars  by  mail. 

WILSON  SHANNON. 

This  was  received  at  Washington  at  10  o'clock  on  the  morning  of 
the  3d,  and  immediately  responded  to  as  follows:" 

WASHINGTON,  December  3,  1855. 
WILSON  SHANNON, 

Governor  of  the  Territory  of  Kansas: 

Your  dispatch  is  received.  All  the  power  vested  in  the  Executive  will  be  exerted 
to  preserve  order  and  enforce  the  laws.  On  the  receipt  of  your  letter  the  preliminary 
measures  necessary  to  be  taken  before  calling  out  troops  will  be  promptly  executed, 
and  you  will  then  be  fully  advised. 

FRANKLIN  PIERCE. 

«  Senate  Ex.  Doc.  No.  23,  Thirty-fourth  Congress,  first  session,  p.  26. 


DISTURBANCES   IN    KANSAS,   1856-1858.  81 

On  the  llth  Governor  Shannon  reported  that  he  had  received  the 
President's  dispatch  of  the  3d,  and  transmitted  a  copy  at  once  to 
Colonel  Sumner,  the  commandant  at  Fort  Leavcnworth,  but  that  the 
latter  declined  to  march  until  he  had  himself  received  orders  from  his 
superior  commanders;  that  in  the  meantime  he  (Governor  Shannon) 
had  proceeded  to  Lawrence  and  had  succeeded  in  persuading  the  rival 
forces  to  disband,  but  that  this  peace  was  but  temporary,  and  hostili 
ties  might  break  out  at  any  moment.  He  concludes  his  report  with 
the  remark  that — 

I  am  satisfied  that  the  only  forces  that  can  be  used  in  this  Territory  in  enforcing 
the  laws  or  preserving  the  peace  are  those  of  the  United  States,  and  with  this  view  I 
would  suggest  that  the  executive  of  this  Territory  be  authorized  to  call  on  the  forces 
of  the  United  States  when  in  his  judgment  the  public  peace  and  tranquillity  or  the 
execution  of  the  laws  may  require  their  assistance.  Should  there  be  an  outbreak  it 
will  most  probably  be  sudden,  and  before  orders  can  be  obtained  from  Washington 
the  crisis  will  have  passed." 

Before  the  end  of  Januaiy,  185(>,  the  forebodings  of  the  governor 
were  fully  realized.  The  President  was  credibly  advised  that  a  force 
of  armed  men,  with  several  pieces  of  artillery,  were  about  to  enter 
Kansas  from  Missouri  with  the  avowed  intention  of  burning  the  towns 
occupied  by  the  free-labor  party,  and  that  the  latter  were  arming  and 
assembling  in  considerable  numbers  to  resist  them.27  Realizing  that 
the  time  had  arrived  when  Federal  interference  was  not  only  justified 
but  imperative  for  peace  and  order,  he  issued  the  following  proclama 
tion  :b 

A  PROCLAMATION. 

Whereas,  indications  exist  that  public  tranquillity  and  the  supremacy  of  law  in  the 
Territory  of  Kansas  are  endangered  by  the  reprehensible  acts  or  purposes  of  persons 
both  within  and  without  the  same,  who  propose  to  direct  and  control  its  political 
organization  by  force;  it  appearing  that  combinations  have  been  formed  therein  to 
resist  the  execution  of  the  Territorial  laws,  and  thus,  in  effect,  subvert  by  violence 
all  present  constitutional  and  legal  authority;  it  also  appearing  that  persons  resid 
ing  without  the  Territory,  but  near  its  borders,  contemplate  armed  intervention  in 
the  affairs  thereof;  it  also  appearing  that  other  persons,  inhabitants  of  remote  States, 
are  collecting  money,  engaging  men,  and  providing  arms  for  the  same  purpose;  and 
it  further  appearing  that  combinations  within  the  Territory  are  endeavoring,  by  the 
agency  of  emissaries  and  otherwise,  to  induce  individual  States  of  the  Union  to  inter 
vene  in  the  affairs  thereof,  in  violation  of  the  Constitution  of  the  United  States; 

And  whereas,  all  such  plans  for  the  determination  of  the  future  institutions  of  the 
Territory,  if  carried  into  action  from  within  the  same  will  constitute  the  fact  of  insur 
rection,  and  if  from  without,  that  of  invasive  aggression,  and  will  in  either  case 
justify  and  require  the  forcible  interposition  of  the  whole  power  of  the  General  Gov 
ernment,  as  well  to  maintain  the  laws  of  the  Territory  as  those  of  the  Union; 

Now,  therefore,  I,  Franklin  Pierce,  President  of  the  United  States,  do  issue  this 
my  proclamation  to  command  all  persons  engaged  in  unlawful  combinations  against 
the  constituted  authority  of  the  Territory  of  Kansas  or  of  the  United  States  to  dis 
perse  and  retire  peaceably  to  their  respective  abodes,  and  to  wrarn  all  such  persons 

«Ibid.,  p.  30.  HI  Stat,  L.,  791, 

S,  Doc.  209 6 


82  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

that  any  attempted  insurrection  in  said  Territory,  or  aggressive  intrusion  into  the 
same,  will  be  resisted  not  only  by  the  employment  of  the  local  militia,  but  also  by 
that  of  any  available  forces  of  the  United  States,  to  the  end  of  assuring  immunity 
from  violence  and  full  protection  to  the  persons,  property,  and  civil  rights  of  all 
peaceful  and  law-abiding  inhabitants  of  the  Territory. 

If,  in  any  part  of  the  Union,  the  fury  of  faction  or  fanaticism,  inflamed  into  disre 
gard  of  the  great  principles  of  popular  sovereignty,  which,  under  the  Constitution, 
are  fundamental  in  the  whole  structure  of  our  institutions,  is  to  bring  on  the  country 
the  dire  calamity  of  an  arbitrament  of  arms  in  that  Territory,  it  shall  be  between 
lawless  violence  011  the  one  side  and  conservative  force  on  the  other,  wielded  by 
legal  authority  of  the  General  Government. 

I  call  on  the  citizens,  both  of  adjoining  and  of  distant  States,  to  abstain  from 
unauthorized  intermeddling  in  the  local  concerns  of  the  Territory,  admonishing  them 
that  its  organic  law  is  to  be  executed  with  impartial  justice;  that  all  individual  acts 
of  illegal  interference  will  incur  condign  punishment;  and  that  any  endeavor  to 
intervene  by  organized  force  will  be  firmly  withstood. 

I  invoke  all  good  citizens  to  promote  order  by  rendering  obedience  to  the  law;  to 
seek  remedy  for  temporary  evils  by  peaceful  means;  to  discountenance  and  repulse 
the  counsels  and  the  instigations  of  agitators  and  of  disorganizers,  and  to  testify  their 
attachment  to  their  country,  their  pride  in  its  greatness,  their  appreciation  of  the 
blessings  they  enjoy,  and  their  determination  that  republican  institutions  shall  not 
fail  in  their  hands,  by  cooperating  to  uphold  the  majesty  of  the  laws  and  to  vindi 
cate  the  sanctity  of  the  Constitution. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
United  States  to  be  affixed  to  these  presents. 

Done  at  the  city  of  Washington,  the  llth  day  of  February,  in  the  year  of  our  Lord 
eighteen  hundred  and  fifty-six,  and  of  the  Independence  of  the  United  States  the 
eightieth. 

[SEAL.]  FRANKLIN  PIERCE. 

By  the  President: 
W.  L.  MARCY, 

Secretary  of  State. 

At  the  same  time  instructions  were  sent  by  the  Secretary  of  War  to 
Colonel  Sumner,  commanding  at  Fort  Leavenworth,  and  Colonel  Cooke, 
at  Fort  Riley,  to  the  effect  that  should  the  governor  make  requisi 
tion  upon  them  for  a  military  force  to  aid  him  in  the  suppression  of 
insurrectionary  combinations  or  armed  resistance  to  the  execution  of 
the  law  such  aid  should  be  promptly  furnished.  "In  executing  this 
delicate  function  of  the  military  power  of  the  United  States,"  says  the 
Secretary,  "you  will  exercise  much  caution  to  avoid,  if  possible,  colli 
sion  with  even  insurgent  citizens,  and  will  endeavor  to  suppress  resist 
ance  to  the  laws  and  constituted  authorities  by  that  moral  force  which, 
happil}T,  in  our  country,  is  ordinarily  sufficient  to  secure  respect  to  the 
laws  of  the  land  and  the  regularly  constituted  authorities  of  the  Gov 
ernment.  You  will  use  a  sound  discretion,  as  to  the  moment  at  which 
the  further  employment  of  the  military  force  may  be  discontinued, 
and  avail  yourself  of  the  first  opportunity  to  return  with  your  com 
mand  to  the  more  grateful  and  prouder  service  of  the  soldier,  that  of 
the  common  defense."30 


DISTURBANCES    IN    KANSAS,  1856-1858.  83 

Early  in  April  several  hundred  men  came  into  the  Territory  from 
Missouri  and  other  Southern  States,  and  were  at  once  enrolled  as  a 
posse  of  the  United  States  marshal  and  supplied  with  arms  by  the 
governor.  These  men  assembled  in  camps  at  various  points  in  the 
Territory,  but  their  principal  objective  point  was  the  town  of  Law 
rence,  the  scene  of  the  disturbances  of  1855,  the  citizens  of  which  had 
been  organized  and  armed  since  the  anticipated  attack  of  that  winter. 
During  the  month  of  May  the  marshal's  posse  gradually  assembled  in 
the  country  around  Lawrence,  and  threats  were  freely  exchanged. 
On  the  21st  the  marshal  entered  the  town  with  several  hundred  armed 
men,  blew  up  and  burned  several  houses  and  plundered  a  large  num 
ber  of  others.  '  A  few  days  later  a  collision  between  the  two  parties 
occurred  at  the  village  of  Osawatomie  where  five  men  were  killed; 
another  at  Black  Jack  on  the  2d  of  June.  On  the  14th  of  August  the 
anti-slavery  party  in  turn  attacked  and  captured  a  military  work  near 
Lecompton  occupied  by  pro-slavery  men  and  made  prisoners  of  the 
commandant  and  his  garrison.  Convinced  by  this  time  of  the  inability 
of  Governor  Shannon  to  preserve  order,  the  President  now  removed 
him  and  appointed  John  W.  Gear}T,  of  Pennsylvania.  Governor 
Shannon  threw  up  his  office  at  the  first  rumor  of  his  removal,  and 
Daniel  Woodson,  the  secretary  of  the  Territory,  as  acting  governor, 
declaring  the  Territory  in  a  state  of  "insurrection,"  put  himself  at  the 
head  of  the  armed  body  that  had  plundered  Lawrence,  and  attacked 
Osawatomie,  which  was  defended  by  a  small  force  under  John  Brown. 
The  latter  was  defeated;  some  ten  men  were  killed  in  the  affray  and 
twenty  or  more  wounded,  and  the  town  of  some  thirty  buildings  was 
burned  to  the  ground. a 

Governor  Geary  arrived  at  Fort  Leaven  worth  On  the  9th  of  Septem 
ber,  bearing  the  following  instructions  from  the  President: 

DEPARTMENT  OF  STATE, 
Washington,  September  2,  1856. 

SIR:  Reliable  information  having  reached  the  President  that  armed  and  organized 
bodies  of  men,  avowedly  in  rebellion  against  the  Territorial  government,  have  con 
centrated  in  such  numbers  as  to  require  additional  military  forces  for  their  dispersion, 
you  will  have  the  militia  of  the  Territory  completely  enrolled  and  organized,  to  the 
end  that  they  may,  on  short  notice,  be  brought  into  the  service  of  the  United  States. 
Upon  requisition  of  the  commander  of  the  military  department  in  which  Kansas  is 
embraced,  you  will  furnish  by  companies,  or  regiments,  or  brigades,  or  divisions, 
such  number  and  composition  of  troops  as  from  time  to  time  you  may  find  in  his 
report  to  you  to  be  necessary  for  the  suppression  of  all  combinations  to  resist  the 
laws  of  the  United  States  too  powerful  to  be  suppressed  by  the  civil  authority  and 
for  the  maintenance  of  public  order  and  civil  government. 

I  am,  sir,  your  obedient  servant, 

W.  L.  MARCY. 
His  Excellency  JOHN  W.  GEARY, 

Governor  of  the  Territory  of  Kansas,  Lecompton. 

«  House  Ex.  Doc.  No.  1,  Thirty-fourth  Congress,  third  session,  p.  87. 


84  FEDERAL    AID   IN    DOMESTIC    DISTURBANCES. 

He  at  once  issued  proclamations  disbanding  the  volunteer  militia, 
ordering  all  armed  bodies  to  quit  the  Territory,  and  directing  the 
immediate  enrollment  of  a  militia.34  Disregarding  this,  the  Missouri 
men  who  had  burned  Lawrence  and  Osawatomie,  in  numbers  estimated 
at  2,000,  formed  into  companies  and  regiments  and  marched  to  another 
attack  upon  the  town  of  Lawrence.  As  soon  as  this  intelligence  had 
reached  him,  Governor  Geary  made  requisition  upon  the  commandant 
of  the  United  States  troops  at  Fort  Riley,37and  a  force  of  300  mounted 
men  and  a  battery  of  four  pieces  of  artillery,  under  the  command 
of  Col.  P.  St.  George  Cooke,  accompanied  by  the  governor,  pro 
ceeded  by  forced  march  to  Lawrence,  which  they  reached  on  the  morn 
ing  of  September  14,  finding  a  force  of  so-called  Territorial  militia 
under  the  command  of  several  "  generals,"  all  from  Missouri,  and 
numbering  some  2,700  men.  After  considerable  parleying,  the  Mis- 
sourians  decided  to  disband,  and  on  the  15th  they  departed,  promising 
to  return  to  their  homes,  and  the  United  States  troops  returned  to 
Lecompton.  (Governor  Geary  to  Secretary  Marcy,  September  16, 
1856.) 

During  the  following  two  or  three  months  frequent  calls  were  made 
by  the  governor  upon  the  commandants  at  Fort  Leavenworth  and 
Fort  Riley  for  troops,  and  these,  having  been  authorized  by  the  Secre- 
taiy  of  War,  were  promptly  furnished.  (See  also  Mr.  Marcy  to  Gov 
ernor  Geary,  September  9,  1856.)  Confidence,  however,  was  being 
rapidly  restored;  the  settlers  who  had  been  driven  from  the  Territory 
gradually  returned;  business  resumed  its  ordinary  channels,  so  that 
by  the  30th  of  September  the  governor  announced  his  intention  of 
shortly  issuing  a  proclamation  that  tranquillity  prevailed.42  But  it 
was  not  until  the  llth  of  November  that  he  found  himself  able  to  dis 
pense  with  the  United  States  troops,  and  two  troops  of  cavalry,,  with 
a  company  of  infantry,  were  retained  at  Lecompton  through  the  winter. 

Quiet  had  for  the  time  been  restored  throughout  the  Territory.  But 
when  early  in  1857  the  bill  for  the  admission  of  Kansas  under  the 
Topeka  constitution  came  up  in  Congress  it  created  a  political  agita 
tion  that  extended  to  a  greater  or  less  degree  throughout  the  country, 
and  naturally  reacted  upon  the  exceedingly  tense  situation  in  Kansas. 
Upon  the  change  of  administration  Governor  Geary  had  been  suc 
ceeded  by  Robert  J.  Walker,  of  Michigan,  and  almost  immediately 
upon  his  arrival  the  disturbances  of  the  past  two  years  were  revived. 
Lawrence,  always  the  center  of  restlessness,  became  the  headquarters 
for  a  new  movement  looking  to  the  overturning  of  the  Territorial  gov 
ernment.  On  the  14th  of  July,  believing  that  a  dangerous  rebellion 
existed  at -Lawrence,  Governor  Walker  called  upon  the  commanding 
officer  of  the  United  States  troops  serving  in  Kansas  (General  Harney) 
for  a  regiment  of  dragoons  to  proceed  at  once  to  the  vicinity  "to  act 
as  a  posse  comitatus  in  aid  of  the  civil  authorities."46  In  response  to 


THE    VIGILANCE    COMMITTEE    OF    SAN    FKANCISCO.  85 

this  requisition,  Lieutenant-Colonel  Cooke,  with  seven  companies  of  the 
First  Dragoons,  proceeded  to  Lawrence  on  the  15th  and  went  into  camp 
near  the  city,  where  they  remained  for  some  months,  or  until  after 
the  elections  in  October,  which,  contrary  to  expectations,  passed  off 
quietly.  From  this  time  until  the  admission  of  Kansas  as  a  State 
(January  29,  1861),  there  was  more  or  less  disorder,  but  the  presence 
within  the  Territory  of  a  considerable  force  of  Federal  troops,  and  the 
knowledge  that  under  the  policy  adopted  by  the  Administration  these 
troops  were  prepared  at  any  moment  to  act  as  a  posse  to  the  civil  authori 
ties,"  acted  as  a  deterrent  to  further  open  violence  and  insurrection. 

The  discovery  of  gold  in  the  newly  acquired  territory  of  California, 
followed  by  the  flocking  to  that  section  of  the  adventurous  of  every 
land,  not  unreasonably  resulted  in  the  gathering  of  large  numbers  of 
resolute,  high-spirited  men,  among  whom  the  lawless  element,  as  usual 
in  such  spontaneous  movements,  formed  no  inconsiderable  part.  Soci 
ety,  not  merely  at  the  mines,  but  in  San  Francisco,  was  for  a  time  in 
a  state  of  utter  disorganization.  As  early  as  July,  1849,  when  the 
population  scarcely  numbered  5,000,  so  outrageous  had  become  the 
conduct  of  this  lawless  element  that  the  better  class  of  people  in  San 
Francisco  formed  themselves  into  a  volunteer  police  force  and  pro 
ceeded  to  measure  their  strength  against  the  rioters,  with  a  result 
that  the  town  was  purged  for  a  while  of  the  more  violent  ruffians  that 
infested  it.  Two  years  later,  when  the  astonishing  emigration  had 
added  30,000  people,  mostly  male  adults,  to  the  population  of  San 
Francisco  and  a  quarter  of  a  million  to  the  State,  a  second  uprising 
of  indignant  citizens  had  performed  a  similar  service  to  peace  and 
good  order,  if  not  to  the  letter  of  the  law.  The  first  "vigilance 
committee"  was  organized  in  June,  1851,  and  numbered  some  300 
of  the  wealthiest,  most  influential,  orderly,  and  respectable  citizens  of 

«The  correspondence  in  this  case  is  particularly  interesting  in  showing  the  views 
of  the  Buchanan  Administration  as  to  the  relation  of  the  military  forces  of  the  United 
States  to  the  posse  comitatus.  See  in  detail  Senate  Ex.  Doc.  No.  8,  Thirty-fifth  Con 
gress,  first  session,  notably  pages  50,  77,  82,  and  111;  also  Documents  Nos.  25  to  48; 
report  of  Senator  Douglas,  from  the  Committee  on  Territories,  March  12,  1856;  Sen 
ate  Report  No.  34,  Thirty-fourth  Congress,  first  session;  papers  accompanying  Presi 
dent's  Annual  Message,  1856,  House  Ex.  Doc.  No.  1,  Thirty-fourth  Congress,  third, 
session;  President's  Message,  February  18,  1856,  in  response  to  Senate  resolution  of 
February  4,  1856,  Senate  Ex.  Doc.  No.  23,  Thirty-fourth  Congress,  first  session; 
President's  Message,  May  22,  1856,  upon  employment  of  military  forces  in  Kansas, 
House  Ex.  Doc.  No.  106,  Thirty-fourth  Congress,  first  session;  papers  accompanying 
Annual  Report  of  the  Secretary  of  War,  1856,  House  Ex.  Doc.  No.  1,  Thirty-fourth 
Congress,  third  session;  House  of  Representatives  investigation  into  affairs  in  Kan 
sas,  July  2,  1856,  H.  R.  Report  No.  245,  Thirty-fourth  Congress,  first  session;  Secre 
tary  of  War,  report  on  the  furnishing  of  troops,  Senate  Ex.  Doc.  No.  97,  Thirty-fourth 
Congress,  first  session;  President's  Message,  December  23,  1857,  transmitting  corre 
spondence  upon  the  employment  of  troops  for  the  preservation  of  order  in  Kansas, 
Senate  Ex.  Doc.  No.  8,  Thirty-fifth  Congress,  first  session. 


86  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

San  Francisco.  Their  constitution  set  forth  that  the  members  united 
themselves  into  an  association  "for  the  maintenance  of  the  peace  and 
good  order  of  society  and  the  preservation  of  the  lives  and  property 
of  the  citizens  of  San  Francisco;"  that  they  bound  themselves  "to  do 
The  and  perform  every  lawful  act  for  the  maintenance  of 

vigiiancecommittee  }aw  an(j  or^er^  and  to  sustain  the  laws  when  faithfully 
san  Francisco.  an(j  properly  administered;  but  we  are  determined 
that  no  thief,  burglar,  incendiary,  or  assassin  shall  escape  punish 
ment,  either  by  the  quibbles  of  the  law,  the  insecurity  of  prisons,  the 
carelessness  or  corruption  of  the  police,  or  a  laxit}T  of  those  who  pre 
tend  to  administer  justice."  The  operations  of  this  committee,  Avhich 
arrested,  tried,  sentenced,  and  executed  criminals  and  malefactors 
concerning  whose  guilt  there  was  no  manner  of  doubt,  and  whom  the 
police  had  been  unable  to  apprehend  or  hold  when  arrested,  w^ere  so 
sudden,  resolute,  and  determined,  that  within  two  months  nearly 
every  lawless  character,  including  hundreds  that  were  merely  sus 
pected,  had  been  driven  from  the  city.  The  success  of  the  San  Fran 
cisco  experiment  was  so  speedy  as  well  as  salutary  that  Sacramento, 
Stockton,  San  Jose,  and  other  towns,  and  the  more  thickly  populated 
mining  districts  likewise,  formed  their  committees  of  vigilance  and 
safet}r,  and  pounced  upon  all  the  rascals  within  their  reach,  with  a 
result  that  for  the  following  five  years  the  whole  of  California  remained 
comparatively  free  from  outrages  against  persons  or  property.  The 
vigilance  committee  of  1851  suspended  its  operations  indefinitely  on 
the  16th  of  September.  They  did  not  disband  or  disorganize,  they 
merely  rested,  as  they  said,  "to  enable  the  law  to  show  its  abilit}^  to 
maintain  its  supremacy,"  but  it  was  not  seriously  believed  that  its  work 
would  ever  be  resumed/' 

The  awakening  was  as  sudden  and  unexpected  as  had  been  all  of  its 
earlier  movements.  On  the  14th  of  May,  1856,  one  James  King,  the 
editor  of  a  leading  newspaper  in  San  Francisco,  whose  comments  on 
the  gambling  fraternity  had  been  unusually  severe,  was  murdered  in 
cold  blood  on  Montgomery  street,  crowded  with  carriages  and  pedes 
trians,  at  5  o'clock  in  the  afternoon,  by  one  James  Casey,  an  ex-convict, 
a  leader  of  roughs,  and  the  proprietor  of  a  weekly  newspaper  that  was 
the  special  apologist  for  the  lawless  element.  This  was  the  second 
time  within  a  month  or  so  that  a  murder  had  been  perpetrated  thus 
publicly  and  inexcusably;  that  offender,  one  Cora,  an  Italian  gambler, 
was  still  unpunished;  so  that  scarcely  had  the  bolts  of  the  police  sta 
tion  been  turned  upon  Casey  when  the  machinery  had  already  been 
set  in  motion  for  the  resurrection  of  the  vigilance  committee.  The 
committee  was  invited  to  meet  on  the  morning  of  the  15th  at  9  o'clock 
for  reorganization.  Within  twenty -four  hours  1,500  men  had  enrolled 

«Soule,  Gihon  and  Nisbet's  Annals  of  San  Francisco  (New  York,  1855),  p.  562; 
Bancroft's  Works,  Vol.  XXXVI. 


THE    VIGILANCE    COMMITTEE    OF    SAN    FRANCISCO.  87 

their  names;  15  military  companies  of  100  men  each  had  been  organ 
ized,  officered,  and  armed;  $75,000  had  been  paid  into  the  treasury, 
and  these  cool,  resolute  men  were  facing-  the  organized  municipal 
authorities,  the  militia,  and  the  police.  The  next  day,  the  16th,  the 
committee  organized  its  police  force,  which  was  joined  by  the  majority 
of  the  regular  city  police;  all  but  one  of  the  militia  companies  aban 
doned  their  organizations  and  joined  the  committee,  whose  numbers 
by  nightfall  had  reached  5,000.  On  the  17th  a  large  building  on  Sac 
ramento  street,  between  Front  and  Davis,  was  secured  as  quarters, 
fitted  up  with  guard  rooms,  armory  arid  drill  halls,  and  offices;  later  it 
was  fortified;  cannon  were  mounted  on  the  roof,  and  the  buPding 
became  known,  from  the  peculiar  composition  of  the  breastworks — 
gunny  bags  filled  with  sand — as  Fort  Gunny  Bags;  official!}7  it  was 
styled  Fort  Vigilance.  On  the  1st  of  July  the  vigilance  committee 
consisted  of  1  battalion  of  ±  companies  of  artillery,  1  squadron  of  2 
troops  of  dragoons,  4:  regiments  of  32  companies  of  infantry,  in  all 
6,000  men  under  arms,  well  equipped  and  supplied  with  every  muni 
tion  of  war. 

It  is  not  to  be  understood  that  the  constituted  authorities  during 
these  proceedings  were  at  all  idle  or  supine.  In  fact  there  was  scarcely 
less  activity  manifested  in  the  circles  of  law  and  order  than  at  the 
headquarters  of  the  vigilants.  The  police  force  was  increased;  the 
armories  supplied  and  barricaded;  the  sheriff  summoned  a  posse  of 
several  thousand;  the  militia  were  called  out.  The  governor  arrived 
from  Sacramento  and  assumed  command  of  the  so-called  forces  of 
44 law  and  order."  Gen.  William  T.  Sherman,  who  was  then  living  in 
San  Francisco  and  had  accepted  a  commission  as  major-general  of  the 
militia,  from  which  he  resigned  in  disgust  a  few  days  later,  is  authority 
for  the  opinion  that  but  for  the  timidity  of  the  State  authorities  the 
vigilance  committee,  with  all  their  enthusiasm,  could  have  been  snuffed 
out  of  existence  in  a  few  hours  after  their  organization/'  It  is  clear, 
however,  that  much  valuable  time  was  lost,  and  when  the  governor 
had  decided  upon  some  positive  line  of  action  the  time  had  passed 
when  it  was  of  any  consequence  which  side  of  the  controversy  he 
favored.  It  is  in  evidence  that  he  visited  the  committee  on  the  night 
of  the  16th,  and  made  certain  promises  in  the  way  of  a  compromise; 
promises  which  he  failed  to  keep.  It  is  also  in  evidence — General 
Sherman  confirms  it  in  his  Memoirs — that  from  the  roof  of  his  hotel 
the  governor  witnessed  the  capture  of  the  jail  on  the  afternoon  of  the 
17th  by  the  vigilance  committee,  and  the  taking  therefrom  of  the 
men  Casey  and  Cora,  who  were  both  tried  and  executed  a  few  days 
later.6  King  died  on  Thursday,  the  20th  of  May,  and  was  buried 
on  the  22d,  at  the  same  hour  that  Case}r  was  hung  from  a  window  of 
the  fort  on  Sacramento  street. 

«  Memoirs  of  Gen.  William  T.  Sherman,  vol.  1,  p.  124. 
&H.  H.  Bancroft's  Works,  Vol.  XXXVII,  p.  237. 


88  FEDERAL    AJD    IN    DOMESTIC    DISTURBANCES. 

It  does  not  appear  that  the  acts  of  the  vigilance  committee  during 
the  two  weeks  or  more  following  the  execution  of  Casey  and  Cora 
were  especially  lawless.  That  they  were  active  is  shown  by  the  fact 
that  some  twenty-five  of  the  leading  gamblers  and  dangerous  charac 
ters  who  had  been  most  prominent  in  defying  the  law,  were  deported 
or  had  fled  from  the  city.  Be  that  as  it  may,  there  seems  to  have 
been  no  conflict  between  the  committee  and  the  authorities  until 
about  the  1st  of  June,  when  a  judge  of  the  supreme  court  having 
issued  a  writ  of  habeas  corpus  for  a  prisoner  in  the  hands  of  the 
committee,  the  latter  refused  to  surrender  him.  The  governor  now 
directed  General  Sherman,  commanding  the  Second  Division  of  Cali 
fornia  Militia,  to  call  out  such  numbers  of  the  militia  under  his 
command  as  may  be  necessary  ""to  aid  the  civil  authorities,  especially 
the  sheriff  and  his  deputies,  in  enforcing  the  laws  and  rendering 
obedience  thereto. "rt  On  the  3d  of  June,  the  governor  issued  a  proc 
lamation  declaring  the  county  in  a  state  of  insurrection,  calling  out 
the  militia  of  the  whole  State,  and  commanding  the  disbandment  of 
all  unlawful  associations,  particularly  the  one  known  as  the  Vigilance 
Committee  of  San  Francisco.49  The  response  to  this  call  does  not 
appear  to  have  been  enthusiastic,  either  in  numbers  or  ardor,  while  it 
was  greeted  with  derision  by  the  committee  and  their  adherents.  On 
the  7th  of  June  the  governor  called  upon  General  Wool,  then  com 
manding  the  Pacific  Division,  for  arms  and  ammunition  with  which  to 
equip  his  anticipated  forces;  4 "3,000  stand  of  arms,  50  rounds  of 
ammunition,  2  mortars,  300  shells,  and  2  guns  of  large  caliber  as  you 
have,  with  their  ammunition  and  appliances."  His  letter  concludes 
as  follows: 

I  would  further  represent  that  it  is  now  manifest  that  the  power  of  the  military  of 
this  State  is  urgently  and  absolutely  demanded  for  the  suppression  of  such  disregard 
of  the  constitution  and  laws,  and  for  that  object  a  large  military  force  is  now  in 
course  of  organization,  under  my  sanction  and  authority.  It  is  a  large  force  we  will 
necessarily  have  to  encounter;  and  for  the  due  protection  and  maintenance  of  the 
authority  of  the  State,  I  now  request  of  you  a  sufficient  supply  of  arms,  accouter- 
ments  and  munitions  of  war,  for  the  use  of  the  State  forces;  and  1  guarantee,  as  the 
executive  of  the  State,  that  the  same  shall  be  returned  or  paid  for. 
Very  respectfully,  your  obedient  servant, 

J.  NEELY  JOHNSON, 

Governor  of  California. 
Maj.  Gen.  JOHN  E.  WOOL, 

Commanding  Pacific  Division,  U.  S.  A.,  Benicia. 

General  Wool's  official  reply  to  this  request  was  to  the  effect  that 
the  authority  to  furnish  arms  in  such  cases  rested  solely  with  the 
President  of  the  United  States.  Verbally  he  informed  the  governor 
that  when  the  jail  had  surrendered  without  resistance,  the  golden 
opportunity  of  putting  down  the  vigilance  committee  had  been  lost; 

a  Governor  Johnson  to  Major-General  Sherman,  June  2,  1856. 


THE    VIGILANCE    COMMITTEE    OF    SAN    FRANCISCO.  89 

that  if  it  were  true,  as  he  (the  governor)  had  stated,  that  a  large  major 
ity  of  the  citizens — not  only  of  San  Francisco  but  of  the  State — were 
in  favor  of  the  vigilance  committee,  he  would  advise  against  too  great 
precipitation. a  It  was  two  weeks  later  before  the  governor  made 
another  move.  On  the  19th  of  June  he  addressed  the  President  a  long 
communication,  which  he  sent  by  the  hand  of  the  postmaster  of  San 
Francisco  and  the  United  States  land  commissioner.  Omitting  the 
recital  of  events  which  have  constrained  him  to  call  upon  the  General 
Government,  the  following  is  his  letter,  and  the  reply  of  the  Secretary 
of  State,  Mr.  Marcy: 

EXECUTIVE  DEPARTMENT, 
Sacramento  City,  California,  June  19,  1856, 

SIR:  In  view  of  the  existing  condition  of  affairs  in  the  city  and  county  of  San 
Francisco  in  this  State,  I  am  constrained  to  call  upon  the  General  Government, 
through  the  intervention  of  Your  Excellency,  for  aid  and  assistance  in  the  enforce 
ment  of  the  laws  of  this  State;  and  that  you  may  the  better  understand  the  propriety 
of  readily  granting  such  request,  I  would  beg  leave  to  present  a  brief  recital  of  events 
which  have  recently  transpired  and  rendered  necessary  such  application. 

*  *  •*  *  *  -x-  * 

The  power  and  authority  of  the  State  is  set  at  naught.  These  unlawful  proceed 
ings  can  not  be  arrested  simply  because  we  are  destitute  of  arms  and  ammunition 
whereby  to  equip  a  force  capable  of  coping  with  them,  which,  it  is  now  said,  num 
bers  6,000  or  7,000,  with  their  sympathizers  in  large  numbers  outside.  At  most  we 
have  not  muskets  and  rifles  enough  to  arm  600  men;  ordnance  and  ammunition  we 
have  none.  I  would,  therefore,  most  urgently  ask  that  you  transmit  orders  to  the 
officer  who  is  or  may  be  commanding  the  Pacific  Division  to  issue  to  the  State 
authorities,  on  the  requisition  of  the  executive,  such  arms  and  ammunition  as  may 
be  needed  for  the  purpose  of  suppressing  the  existing  insurrection,  at  least  the  num 
ber  and  quantity  specified  in  the  requisition  I  made  on  General  Wool,  as  appears  in 
the  postscript  of  the  inclosed  copy  of  communication  to  him  of  June  7.  I  would 
also  urge  the  importance  of  transmitting  such  orders  to  the  officer  commanding  this 
department  to  render  such  assistance  in  arms  and  ammunition  at  any  future  period 
as  may  be  required  by  the  executive  for  the  purpose  of  enforcing  obedience  to  the 
constitution  and  laws,  as  it  is  feared  the  example  afforded  by  the  present  organization 
may  extend  its  influence  to  other  localities,  in  all  probability  to  renew  the  present 
one,  even  after  disbanding  their  forces.  In  conclusion,  I  would  add,  without  the 
aid  which  is  now  sought  at  the  hands  of  the  General  Government  the  State  author 
ities  can  no  longer  afford  protection  to  its  citizens  or  punish  the  lawless  acts  this 
body  of  men  have  been  guilty  of;  and  with  impunity  they  may  and  doubtless  will 
proceed  with  their  acts  of  aggression 'and  disobedience  toward  the  government  as 
will  ultimately  result  in  its  entire  destruction. 

*  *  *  *  *  *  * 

Your  earliest  possible  attention  to  this  matter  is  extremely  desirable. 
Very  respectfully,  your  obedient  servant, 

J.  NEELY  JOHNSON, 

Governor  of  California. 
His  Excellency  FRANKLIN  PIERCE, 

President  of  the  United  States,  Washington,  D.  C. 

« General  Wool  to  Governor  Johnson,  September  17,  1856. 


90  FEDEKAL    AID    IN    DOMESTIC    DISTURBANCES. 

DEPARTMENT  OF  STATE, 

Washington,  July  19,  1856. 

SIR:  The  President  has  received  your  communication  of  June  19,  representing  that 
an  illegal  association  in  the  city  of  San  Francisco  had  overpowered  by  force  public 
authority  there,  and  requesting  the  aid  of  the  United  States  to  enable  you  to  main 
tain  the  government  and  enforce  the  laws  of  the  State. 

The  President  has  given  to  the  subject  the  most  careful  consideration.  He  is 
deeply  impressed  by  the  anomalous  condition  and  dangerous  tendency  of  affairs  in 
San  Francisco,  as  set  forth  in  your  letter,  and  is  prepared,  whenever  exigency  arises 
demanding  and  justifying  his  interposition,  to  render  assistance  to  suppress  insurrec 
tion  against  the  government  of  a  State,  and  maintain  the  supremacy  of  the  laws  in 
the  mode  and  to  the  extent  of  the  authority  vested  in  him  by  the  Constitution  and 
acts  of  Congress  of  the  United  States. 

In  the  present  case,  serious  doubts  of  his  lawful  power  to  proceed  in  the  manner 
indicated  by  you  having  occurred  to  the  mind  of  the  President,  he  referred  the  ques 
tion  to  the  Attorney-General  for  advisement,  and  the  conclusions  submitted  by  that 
officer  have,  on  full  reflection,  been  decided  by  the  President  to  constitute  insuper 
able  obstacles  to  the  action  now  desired  of  the  General  Government.  The  report  of 
the  Attorney-General  is  inclosed  for  your  information.  The  President  will  not  allow 
himself  to  believe  that  the  prevalence  of  rash  counsels  and  lawless  violence  still  con 
tinues  in  San  Francisco.  He  confidently  trusts  that  the  citizens  of  California  who 
have  suffered  themselves  to  be  betrayed,  by  whatever  inducements,  into  violations 
of  the  public  peace  of  so  dangerous  a  character,  will  already  have  resumed  their 
obedience  to  the  laws,  and  that  hereafter,  instead  of  assuming  to  act  independently 
of  the  constituted  authority,  they  will,  as  good  citizens,  cooperate  with  it  in  the 
earnest  endeavor  to  secure  a  prompt,  impartial,  and  vigorous  administration  of 
justice,  in  the  only  way  in  which  the  life,  property,  and  rights  of  the  people  can  be 
protected  effectually;  that  is,  by  faithful  conformity  with  the  constitution  and  laws 
of  the  State. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

W.  L.  MARCV. 

His  Excellency  J.  NEELY  JOHNSON, 

Governor  of  California. 

The  substance  of  the  opinion  of  Attorney-General  Gushing,  which 
forms  so  important  a  document  in  the  history  of  this  incident  and  is 
given  in  full  elsewhere  in  this  volume/'1  is  that  there  is  no  evidence 
that  in  the  occurrences  at  San  Francisco  u  there  has  been  committed 
or  threatened,  any  act  of  resistance  or  obstruction  to  the  Constitution, 
laws,  or  official  authority  of  the  United  States;'1  that  there  were  no 
conditions  of  "superlative  exigency;"  there  is  obstruction  of  law,  but 
no  actual  shock  of  arms.  ''Besides,"  he  remarks,  "the  whole  consti 
tutional  power  of  the  State  in  the  case  has  not  yet  been  exerted;  for, 
in  the  space  of  time  which  the  illegal  incidents  had  already  occupied, 
of  one  whole  month,  it  does  not  appear  that  the  governor  took  any 
steps  to  convene  the  legislature  of  the  State,  although  that  remedy 
might  have  been  adopted  and  have  had  its  effectual  application  to  the 
evil  long  before  any  such  remedy  could  be  derived  from  the  President 
of  the  United  States."  a 

«8  Opin.  Attorney-General,  8. 


THE    VIGILANCE    COMMITTEE    OF    SAN    FRANCISCO.  91 

An  incidental  affair  which  occurred  on  the  21st  of  June  again 
induced  the  governor  to  apply  for  Federal  assistance.  It  had  been 
ascertained  that  there  was  due  the  State  some  three  hundred  stand  of 
arms  under  the  annual  appropriation,  and  these  were  turned  over  to 
an  officer  representing  the  governor,  from  the  arsenal  at  Benicia. 
This  officer,  one  Maloney,  put  them  on  a  sailing  vessel  to  convey  them 
to  San  Francisco,  but  was  intercepted  by  the  vigilants  and  the  arms 
taken  to  their  headquarters.  Maloney  was  then  released,  but  it  was 
subsequently  determined  to  rearrest  him,  and  in  the  attempt  one  of 
the  arresting  party  was  severely  wounded  by  David  S.  Terry,  a  judge 
of  the  supreme  court  of  California,  who  happened  to  be  present.  As 
a  consequence  of  this  successful  resistance  to  the  committee's  police, 
the  vigilance  army  was  called  out,  Terry  was  arrested,  and  one  after 
another  of  the  militia  armories  visited  and  plundered  until  every  mus 
ket  known  to  be  in  the  city  had  been  seized  and  taken  to  Fort  Vigi 
lance.  On  the  27th  the  governor,  who  had  been  refused  the  aid  of  the 
army,  called  upon  the  commanding  officer  of  the  war  sloop  John 
Adams,  then  Mng  in  the  harbor,  to  protect  Judge  Terry  from  the 
lawless  violence  of  the  committee: 

From  th.e  state  of  affairs  now  existing  in  San  Francisco,  and  I  may  say  in  other 
portions  of  the  State,  I  have  no  hesitation  in  saying  that  his  life  is  in  imminent  dan 
ger  and  peril  from  the  lawless  violence  of  said  vigilance  committee,  and  it  is  wholly 
beyond  the  civil  or  military  power  of  this  State  to  protect  him  from  such  threatened 
violence,  without  the  resort  to  means  which  would,  in  all  probability,  involve  the 
State  in  civil  war — a  calamity  greatly  to  be  deprecated  under  all  circumstances,  and 
which  I  am  most  earnestly  desirous  shall  be  averted. 

Wherefore,  in  the  name  and  by  authority  of  the  power  vested  in  me  as  the  gov 
ernor  of  the  State  of  California,  I  ask  at  your  hands,  and  with  the  power  and  means 
under  your  command,  the  protection  and  security  of  the  said  D.  S.  Terry  from  all 
violence  or  punishment  by  said  committee  or  any  other  power,  except  such  punish 
ment  as  may  be  inflicted  on  him  in  due  course  of  law. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  caused  to  be 
affixed  the  great  seal  of  the  State  of  California  on  the  27th  day  of  June,  A.  D.  1856. 

[SEAL.]  J.  NEELY  JOHNSON. 

Commander  E.  B.  BOUTWELL, 

Commanding  Sloop-of-war  John  Adams. 

To  this  Commander  Boutwell  replied  on  the  29th,  regretting  that 
he  could  not  see  his  way  to  complying  with  the  governor's  wishes.  "I 
am  sorry  to  be  compelled  to  inform  }TOU,"  he  writes,  "that  the  una 
nimity  with  which  the  people  of  the  city  of  San  Francisco  deprecate  any 
interference  on  the  part  of  the  Federal  Government  with  their  affairs, 
would,  I  think,  were  I  to  interfere,  do  much  injury,  endanger  the  life 
of  Judge  Terry,  and  delay  the  settlement  of  the  unhappy  controversy 
now  existing  between  the  State  government  and  a  very  large  propor 
tion  of  the  citizens  of  the  city  of  San  Francisco." 

At  the  same  time  Commander  Boutwell  sent  a  communication  to  the 
vigilance  committee,  requesting  that  Judge  Terry  be  dealt  with  as  a 


92  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

prisoner  of  war  and  placed  on  board  his  ship,  or  that  he  be  surrendered 
to  the  lawful  authority  of  the  State.  Not  receiving  an  immediate 
reply,  he  wrote  a  more  peremptory  letter  on  the  30th.  The  committee 
responded  by  placing  the  whole  correspondence  in  the  hands  of  Com 
modore  Farragut,  the  senior  naval  commander  at  San  Francisco.  The 
latter  at  once  informed  Commander  Boutwell  that  he  had  no  right  to 
interfere  in  the  matter,  and  that  he  must  wait  instructions  from  Wash 
ington.  He  says: 

The  Constitution  requires,  before  any  interference  on  the  part  of  the  General 
Government,  that  the  legislature  shall  be  convened,  if  possible,  and  (if  it  can  not  be 
convened)  then  upon  the  application  of  the  executive.  Now,  I  have  seen  no  reason 
why  the  legislature  could  not  have  been  convened  long  since,  yet  it  has  not  been 
done,  nor  has  the  governor  taken  any  steps  that  I  know  of  to  call  them  together. 

In  all  cases  within  my  knowledge  the  Government  of  the  United  States  has  been 
very  careful  not  to  interfere  with  the  domestic  troubles  of  the  States,  when  they 
were  strictly  domestic  and  no  collision  was  made  with  the  laws  of  the  United  States, 
and  they  have  always  been  studious  in  avoiding  as  much  as  possible  collision  with 
State  right  principles.  The  commentators  Kent  and  Story  agree  that  the  fact  of  the 
reference  to  the  President  of  the  United  States  by  the  legislature  and  executive  of 
the  State  is  the  great  guarantee  of  State  rights. 

I  feel  no  disposition  to  interfere  with  your  command,  but  so  long  as  you  are 
within  the  waters  of  my  command  it  becomes  my  duty  to  restrain  you  from  doing 
anything  to  augment  the  very  great  excitement  in  this  distracted  community  until 
we  receive  instructions  from  the  'Government.  All  the  facts  of  the  case  have  been 
fully  set  before  the  Government  by  both  parties,  and  we  must  patiently  await  the 
result. 

Very  respectfully,  your  obedient  servant,  D.  G.  FARRAGUT, 

Commandant  Mare  Island. 

Commander  E.  B.  BOUTWELL, 

Commanding  United  Stales  Ship  John  Adams,  California. 

P.  S. — We  must  not  act  except  in  case  of  an  overt  act  against  the  United  States. 
Yours, 

D.  G.  F. 

The  vigilance  committee  continued  its  sessions  until  the  18th  of 
August,  during  which  a  large  number  of  the  unruly  element  were 
severely  handled  and  many  driven  from  the  city;  two  were  executed. 
On  the  last-mentioned  date  a  grand  review  and  military  parade  was 
held,  in  which  over  6,000  men  participated,  after  which  the  fort  was 
dismantled.  The  cannon  and  other  State  arms  were  delivered  up  to 
the  State  and  the  membership  disintegrated.  That  it  wras  permitted 
to  carry  on  its  operations  so  long  in  defiance  o.f  law  and  order  is 
quite  inconceivable.  The  responsibility  for  this,  already  so  forcibly 
expressed  by  General  Sherman  and  General  Wool,  is  further  con 
firmed  by  the  language  of  Commodore  Farragut  in  a  letter  to  the  Sec 
retary  of  the  Navy  dated  July  2,  185G: a 

« Message  of  the  President  (Pierce),  August  6,  1856,  in  compliance  with  Senate 
resolution  of  July  28,  in  relation  to  the  self-styled  Vigilance  Committee  in  California. 
(Senate  Ex.  Doc.  No.  101,  Thirty-fourth  Congress,  first  session. ) 


MORMON    REBELLION,   1851-1858.  93 

That  the  governor  has  acted  unwisely  from  the  beginning  there  is  scarcely  a  doubt; 
that  he  could  have  done  anything  but  call  the  legislature  together,  or  appeal  to  the 
Executive  of  the  United  States  is  equally  clear  to  me;  and  it  seems  to  me  that  was 
what  he  should  have  done,  as  he  had  neither  arms,  ammunition,  or  supporters. 
After  having  surrendered  the  prisoners,  Casey  and  Cora,  in  the  beginning  of  the  out 
break  (or  virtually  sanctioning  it),  and  thus  giving  satisfactory  evidence  of  his  weak 
ness,  his  proclamation  should  have  been  conciliatory  and  not,  as'it  was,  belligerent; 
and,  as  it  was,  should  not  have  allowed  his  forces  to  be  concentrated  in  the  enemy's 
camp. 

These  are  my  humble  views  of  the  conduct  of  the  governor  and  his  general  of 
militia,  all  of  which  is  respectfully  submitted  for  your  consideration,  with  the  hope 
that  my  course  in  the  affair  will  meet  with  your  approbation. 

In  the  midst  of  the  difficulties  which  attended  the  conduct  of  affairs 
in  Kansas  during  the  three  or  four  years  following  the  creation  of  that 
Territory,  the  Government  had  found  itself  confronted  with  another 
social  problem  of  no  less  complication.  A  Territorial  government 
had  been  established  for  Utah  by  the  act  of  September  9,  1850,  and 
Brigham  Young,  the  supreme  head  of  the  Mormon  Church,  whose 
members  made  up  almost  the  entire  population  of  the  Territory,  had 
been  appointed  the  first  governor.  Young's  administration  had  from 
the  beginning  been  antagonistic  to  that  of  the  General  Government. 

In  the  fall  of  1851  his  tyrannous  conduct  toward  the 
Mormon^  reunion,  anti-Mormon  population,  and  his  defiant  attitude 

toward  the  United  States  officials  whose  duties  required 
their  residence  at  Salt  Lake  City,  had  become  so  offensive  that  the  latter 
were  compelled  to  resign  and  the  former  to  remove  from  the  Terri 
tory.  a  The  people  of  Utah,  believing  with  the  spirit  of  fanatics  that 
Young's  appointment  of  governor  was  an  exercise  of  Divine  selection, 
and  obeying  his  commands  as  if  they  were  the  revelations  from  Heaven 
that  he  represented  them  to  be,  resisted  all  laws  not  emanating  from 
him  and  defied  their  execution.  This  situation  was  laid  before  Con 
gress  by  the  President  in  December,  1851, b  and  at  other  opportunities, 
but  no  action  was  had  at  that  time.  Without  entering  upon  a  recital 
of  the  occurrences  of  the  following  years,  it  will  suffice  to  say  that  by 
the  1st  of  June,  1857,  every  officer  of  the  United  States,  judicial  and 
executive,  with  the  exception  of  two  Indian  agents,  had  found  it  neces 
sary  for  their  own  personal  safct}7  to  withdraw  from  the  Territory,  so 
that  there  was  no  government  in  Utah  but  the  despotism  of  Brigham 
Young.  Under  these  circumstances,  the  situation  offering  no  other 
solution,  the  President  summarily  removed  Young  from  the  position 
of  governor,  appointed  Alfred  Cumming  as  his  successor,  and  other 
gentlemen  to  fill  the  places  of  those  Federal  officers  who  had  been 
driven  from  the  Territory,  and  sent  them  with  a  military  force  to  aid 
as  a  posse  comitatus. 

« H.  K.  Ex.  Doc.  No.  25,  Thirty-second  Congress,  second  session. 
&  Annual  message  of  President  (Buchanan)  December  8, 1857  (Richard  son' sedition, 
Vol.  V,  p.  455). 


94  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

This  niilitaiy  force  which  left  Fort  Leavenworth  on  the  18th  of 

July,  1857,  was  made  up  of  the  Second  Regiment  of  Dragoons,  the 

Fifth  and  Tenth  regiments  of  infantry  and  Phelps's 

utah  expedition,  Battery  of  light  artillery  (B,  Fourth) — about  2,500 
officers  and  men,  and  was  known  as  the  "  Utah  expedi 
tion.''  It  was  first  proposed  that  the  command  of  this  force  should  be 
given  to  Gen.  W.  S.  Harney,  but  as  it  was  especially  desirable  that  the 
supervision  of  the  very  delicate  affairs  in  Kansas,  then  in  the  hands  of 
that  officer,  should  not  be  disturbed,  Col.  Albert  Sidney  Johnston, 
Second  Dragoons,  was  assigned  to  the  Utah  column.  The  instruc 
tions  to  the  commanding  officer  of  the  troops,  after  premising  that 
"the  community,  and  in  part  the  civil  government  of  Utah,  are  in  a 
state  of  substantial  rebellion  against  the  laws  and  authority  of  the 
United  States,"  go  on  to  say: 

If  the  governor  of  the  Territory,  finding  the  ordinary  course  of  judicial  proceedings 
of  the  power  vested  in  the  United  States  marshals  and  other  proper  officers  inade 
quate  for  the  preservation  of  the  public  peace  and  the  due  execution  of  the  laws, 
should  make  requisition  upon  you  for  a  military  force  to  aid  him  as  a  posse  comitatus 
in  the  performance  of  that  official  duty,  you  are  hereby  directed  to  employ  for  that 
purpose  the  whole  or  such  part  of  your  command  as  may  be  required;  or  should  the 
governor,  the  judges,  or  marshals  of  the  Territory  find  it  necessary  directly  to  sum 
mon  a  part  of  your  troops  to  aid  either  in  the  performance  of  his  duties,  you  will 
take  care  that  the  summons  be  promptly  obeyed.  And  in  no  case  will  you,  your 
officers  or  men,  attack  any  body  of  citizens  whatever,  except  on  such  requisition  or 
summons  or  in  sheer  self-defense. 

In  executing  this  delicate  function  of  the  military  power  of  the  United  States  the 
civil  responsibility  will  be  upon  the  governor,  the  judges,  and  marshals  of  the  Terri 
tory.  While  you  are  not  to  be,  and  can  not  be,  subjected  to  the  orders,  strictly 
speaking,  of  the  governor,  you  will  be  responsible  for  a  jealous,  harmonious,  and 
thorough  cooperation  with  him,  or  frequent  and  full  consultation,  and  will  conform 
your  action  to  his  requests  and  views  in  all  cases  where  your  military  judgment  and 
prudence  do  not  forbid  nor  compel  you  to  modify  in  execution  the  movements  he 
may  suggest,  No  doubt  is  entertained  that  your  conduct  will  fully  meet  the  moral 
and  professional  responsibilities  of  your  trust  and  justify  the  high  confidence  already 
reposed  in  you  by  the  Government. 

The  head  of  the  column  left  Fort  Leavenworth  July  18,  and  was 
followed  closely  by  the  other  battalions,  arriving  at  Camp  Wintield, 
about  30  miles  north  of  Salt  Lake  City,  on  the  28th  of  September, 
where  it  was  met  by  a  letter  from  Governor  Young,  inclosing  a  copy 
of  a  proclamation,  in  which  he  declares  martial  law  in  the  Territory, 
forbids  all  armed  forces  from  entering  it  under  any  pretense  what 
ever,  and  directing  all  the  Territorial  forces  to  hold  themselves  in 
readiness  to  march  at  a  moment's  notice  to  repel  any  and  all  such  inva 
sion. M  In  his  letter  he  directed  Colonel  Johnston  to  retire  forthwith 
from  the  Territory  by  the  same  route  he  entered,  or  that  he  could 
remain  in  his  present  camp  until  spring  upon  depositing  his  arms  and 
ammunition  with  the  quartermaster-general  of  the  Territory.  To  this 
rodomontade  Colonel  Alexander,  the  officer  in  command  of  the  advance, 
replied  that  the  troops  were  there  "by  the  orders  of  the  President  of 


THE    UTAH    EXPEDITION,   1857.  95 

the  United  States,  and  their  future  movements  and  operations  will 
depend  entirely  upon  orders  issued  by  competent  military  authority." 
Governor  Young  responded  by  intercepting  the  supply  trains  destined 
for  the  United  States  troops,  burning  their  contents — some  150,000 
rations — and  stampeding  the  animals;  by  setting  fire  to  the  prairie 
grass  along  the  line  of  march;  by  blocking  the  road  with  fallen  trees 
and  destroying  the  fords. a  When  the  troops  reached  Fort  Bridger, 
they  found  it  had  been  burned  to  the  ground  by  the  Mormons,  as  well 
as  Fort  Supply,  12  miles  distant.  It  was  estimated  that  the  number 
of  Mormon  militia  under  the  command  of  Wells  was  between  5,000 
and  7,000.  This  number  is  perhaps  excessive,  but  there  is  reason  for 
believing  that  his  forces  largety  outnumbered  those  of  Colonel  John 
ston  on  their  arrival  at  Fort  Bridger.6  In  another  letter,  dated  Octo 
ber  14,  Governor  Young  warns  Colonel  Johnston  of  the  consequences 
of  his  folly  in  entering  the  Territory,  and  concludes: 

It,  therefore,  becomes  a  matter  for  your  serious  consideration,  whether  it  would 
not  be  more  in  accordance  with  the  spirit  and  institutions  of  our  country  to  return 
with  your  present  force,  rather  than  force  an  issue  so  unpleasant  to  all,  and  which 
must  result  in  much  misery  and,  perhaps,  bloodshed,  and,  if  persisted  in,  the  total 
destruction  of  your  army.  And,  furthermore,  does  it  not  become  a  question  whether 
it  is  more  patriotic  for  officers  of  the  United  States  army  to  ward  off,  by  all  honor 
able  means,  a  collision  with  American  citizens,  or  to  further  the  precipitate  move  of 
an  indiscreet  and  rash  administration,  in  plunging  a  whole  Territory  into  a  horri 
ble  fratricidal  and  sanguinary  war. 

And  in  a  third  dated  October  16,  in  which  he  seeks  to  defend  his 
position  and  that  of  his  people,  he  again  counsels  them  to  leave  the 
Territory : 

By  virtue  of  my  office  as  governor  of  the  Territory  of  Utah,  I  command  you  to 
marshal  your  troops  and  leave  this  Territory,  for  it  can  be  of  no  possible  benefit  to 
you  to  wickedly  waste  treasures  and  blood  in  prosecuting  your  course  upon  the  side 
of  a  rebellion  against  the  General  Government  by  its  administrators.  You  have  had 
and  still  have  plenty  of  time  to  retire  within  reach  of  supplies  at  the  east,  or  to  go  to 
Fort  Hall.  Should  you  conclude  to  comply  with  so  just  a  command  and  need  any 
assistance  to  go  east,  such  assistance  will  be  promptly  and  cheerfully  extended.  We 
do  not  wish  to  destroy  the  life  of  any  human  being,  but,  on  the  contrary,  we 
ardently  desire  to  preserve  the  lives  and  liberty  of  all,  so  far  as  it  may  be  in  our 
power.  Neither  do  we  wish  for  the  property  of  the  United  States,  notwithstanding 
they  justly  owe  us  millions. 

Governor  Gumming  arrived  at  the  camp  near  Fort  Bridger  on  the 
19th  of  November  and  at  once  took  measures  to  organize  a  Territorial 
government.  He  issued  a  proclamation  to  the  people  on  the  21st,  in 
which,  as  commander  in  chief  of  the  rhilitia  of  Utah,  he  commanded 
all  armed  bodies  of  individuals  by  whomsoever  organized,  to  disband 
and  return  to  their  respective  homes.  "The  penalty  of  disobedience 
to  this  command,"  he  concludes  "will  subject  the  offenders  to  the 

« Instructions  of  Major-General  AVells,  commanding  Nauvoo  Legion,  to  Major  Tay 
lor,  October  4,  1857. 

&  History  of  Utah,  H.  H.  Bancroft,  pp.  481-542... 


96  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

punishment  duo  to  traitors." '  It  was  received  by  the  Mormons  with 
much  contempt,  and  without  adequate  means  of  enforcing-  it  it  was  made 
by  them  to  appear  somewhat  ridiculous.  The  troops,  who  were  short 
of  clothing,  rations,  and  short  forage,  with  timber  many  miles  distant, 
and  with  the  snow  from  three  to  five  feet  deep,  were  compelled  to 
winter  at  Fort  Scott,  while  the  Mormon  militia  returned  to  the  more 
comfortable  valleys,  closed  all  the  passes,  and  waited  for  spring/'  In 
the  meantime  supplies  were  being  hurried  forward  and  additional 
troops  being  assembled  to  reenforce  the  army  of  Utah — the  First  Regi 
ment  of  cavalry,  the  Sixth  and  Seventh  Regiments  of  infantry,  and  two 
light  batteries  of  artillery.  Captain  Marcy,  who  had  been  dispatched 
to  New  Mexico  for  horses  and  forage,  rejoined,  after  consummating 
one  of  the  most  remarkable  marches  on  record.  On  the  6th  of  April, 
1858,  the  President  issued  a  proclamation  promising  a  free  and  full 
pardon  to  all  who  submit  themselves  to  the  just  authority  of  the  Fed 
eral  Government,  and  warning  those  "  who  shall  persist  in  the  present 
rebellion  against  the  United  States  that  they  must  expect  no  further 
lenity,  but  look  to  be  vigorously  dealt  with  according  to  their  deserts," 
and  declaring  that  "the  military  forces  now  in  Utah  and  hereafter  to  be 
sent  there  will  not  be  withdrawn  until  the  inhabitants  of  that  Terri 
tory  shall  manifest  a  proper  sense  of  the  duty  which  they  owe  to  this 
government.  "&  This  proclamation  was  sent  to  Utah  by  the  hands  of 
two  commissioners,  vested  with  authority  to  restore  peace.  They 
reached  Salt  Lake  City  on  the  7th  of  June,  and  were  followed  by  the 
advance  troops  of  the  reenf  orcing  column,  who  reached  Camp  Scott  on 
the  8th,  and  entered  the  valley  a  few  days  later,  accompanied  by  Gov 
ernor  Cumming  and  the  new  Territorial  officers.  The  surrender  of 
the  Mormons  was  complete  and  unconditional.  Their  first  determina 
tion  was  to  leave  the  Territory  and  move  southward,  burning  all  their 
property  behind  them;  and  in  fact  many  thousand  had  commenced  the 
exodus,  but  were  persuaded  to  return.  On  the  14th  of  June  Colonel 
Johnston55  and  Governor  Cumming56  issued  proclamations  declaring 
that  peace  was  restored  to  the  Territory  and  civil  law  resumed.  The 
troops  entered  Salt  Lake  City  on  the  28th  and  found  it  abandoned, 
but  most  of  the  inhabitants  returned  within  a  few  days,  and  by  the  1st 
of  August  the  business  and  social  affairs  of  the  Territory  had  resumed 
their  ordinary  channels.  The  number  of  troops  that  were  employed 
to  bring  about  this  situation,  which  was  fortunately  accomplished 
without  bloodshed,  was,  in  the  aggregate,  251  officers  and  5,335  men; 
the  total  cost  a  trifle  less  than  $15,000,000.' 

«H.  R.  Ex.  Doc.  No.  71,  Thirty-fifth  Congress,  first  session. 

&11  Stat.  L.,  796. 

c  Documents  accompanying  report  of  Secretary  of  War,  December  6,  1858,  Senate 
Ex.  Doc.  No.  1,  Thirty-fifth  Congress,  second  session;  Message  of  the  President,  June 
10, 1858,  relative  to  the  termination  of  the  difficulties  in  Utah,  Senate  Ex.  Doc.  No.  67, 
Thirty-fifth  Congress,  first  session, 


DISTUEBANCES    AT    PKOVO,   UTAH,   MAECH-APRIL,   1859  97 

Aii  incident  growing  out  of  the  instructions  of  June  29,  1857,  to 
Colonel  Johnston,  which  occurred  in  the  spring  of  1859,  is  illustrative 
of  the  necessity  of  restricting  the  use  of  the  Army  as  a  posse  comitatus 
to  cases  where  the  services  of  a  civil  posse  are  either  inadequate  or 
unobtainable.  Under  date  of  March  6,  1859,  Judge  Cradlebaugh,  of 
the  second  judicial  district  of  Utah,  advised  the 

Disturbances    at      -,  , 

Provo,  Utah,       department  commander  that  he  had  issued  a  warrant 

March-April,  1859.      .,          , ,  ,  .  .,  . 

for  the  apprehension  of  a  large  band  ot  organized 
thieves  and  murderers,  who  would  be  tried  at  the  city  of  Provo;  that 
there  was  no  jail  within  the  district,  and  the  prisoners  would  therefore 
need  to  be  held  under  military  guard;  and  that  without  such  aid  he 
would  be  unable  to  secure  their  trial  and  conviction.  In  accordance 
therewith,  a  company  of  infantry  was  sent  to  Provo  under  the  com 
mand  of  Captain  Heth,  of  the  Tenth  Infantry,  with  instructions  to 
guard  the  prisoners  and  witnesses.  On  arriving  at  Provo  Captain 
Heth  found  himself  obliged  to  encamp  within  the  city  limits,  there 
being  no  available  ground  beyond  them.  This  act  certain  of  the  citi 
zens,  including  the  mayor  and  council,  were  pleased  to  regard  as  "a 
military  occupation,"  and  a  direct  interference  with  the  municipal  reg-. 
illations,  while  others,  perhaps  a  small  minority  of  the  residents, 
insisted  that  the  presence  of  the  troops  was  an  absolute  necessity. 
When  the  arrests  came  to  be  made  it  was  discovered  that  among  them 
was  the  mayor  of  Provo  and  other  leading  Mormons,  who  were  charged 
with  having  been  engaged  in  one  or  more  atrocious  murders.  The 
arrest  created  intense  excitement,  and  thousands  of  people  crowded 
into  the  town  from  the  surrounding  country.  A  rescue  was  feared, 
and  the  city  marshal  summoned  200  additional  policemen.  The 
department  commander,  without  withdrawing  Captain  Heth,  sent  a 
considerable  additional  force,  under  Major  Paul  of  the  Seventh  Infan 
try,  with  instructions  to  camp  outside  the  city  and  act  only  in  an 
emergency.  The  governor  now  visited  Provo,  decided  that  the  civil 
authorities  were  able  to  maintain  the  peace,  and  requested  that  the 
troops  be  withdrawn.  This  request  was  refused  by  General  Johnston, 
who  declined  to  make  any  change  in  the  disposition  of  Captain  Heth's 
company  or  to  withdraw  the  reinforcements.  To  Governor  Cumming 
he  writes,  under  date  of  March  22,  1859: 

To  prevent  any  misunderstanding  hereafter,  I  desire  to  say  to  your  excellency 
that  I  am  under  no  obligation  whatever  to  conform  to  your  suggestions  with  regard 
to  the  military  disposition  of  the  troops  of  this  department,  except  only  when  it  may 
be  expedient  to  employ  them  in  their  civil  capacity  as  a  posse,  in  which  case,  should 
the  emergency  arise,  your  requisition  for  any  portion  of  the  troops  under  my  com 
mand  will  be  complied  with,  and  they  will  be  instructed  to  discharge  the  duty 
pointed  out. 

Two  days  later  General  Johnston  was  advised  by  the  United  States 
marshal  for  the  Territory  that  the  whole  community  about  Provo 

S.  Doc.  209 7 


98  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

were  engaged  in  Hiding  offenders  to  evade  arrest;  that  he  finds  it 
impossible  with  the  means  at  his  command  to  execute  the  processes  of 
the  court,  and  therefore  he  needs  at  least  200  troops.  This  number 
Major  Paul  was  directed  to  furnish  under  these  instructions: 

The  General  wishes  you  to  direct  the  officer  in  command  in  all  matters  relative  to 
the  civil  duties  required  of  him,  to  be  governed  by  the  marshal  or  other  United 
States  officer  under  whose  direction  he  acts;  and  if,  in  the  arrest  of  any  person  or  in 
the  execution  of  any  duty,  resistance  is  offered,  he  will  require  of  the  civil  officer 
how  that  resistance  is  to  be  overcome,  whether  by  the  bayonet  or  firing,  etc., 
and  give  distinct  notice  to  his  men  how  it  is  to  be  done,  and  that  it  is  to  be  done  by 
order  of  the  United  States  marshal  or  other  persons;  for  example:  "The  United 
States  marshal  orders  that  this  crowd  be  dispersed,  to  arrest  so  and  so,  and  that  you 
charge  bayonets  upon  it,  or  fire  upon  it,"  as  the  case  may  be;  "charge  bayonets, 
forward,  march,  etc.;  or  ready,  aim,  fire,"  etc. 

The  punishing  of  these  men,  and  the  consequent  trial  and  conviction 
of  a  large  number  of  lawless  men  who  had  long  enjoyed  immunity  from 
punishment,  created  great  indignation  among  the  Mormon  element  and 
deep  complaints  to  the  authorities  at  Washington.  This  resulted  in 
the  following  instructions  to  General  Johnston,  which,  while  they  sat 
isfied  one  part  of  the  community,  gave  great  offense  to  the  other, 
and,  as  was  soon  made  manifest,  caused  much  discontent  and  seriously 
retarded  the  administration  of  the  courts: 

WAR  DEPARTMENT,   Washington,  May  6, 1859. 

SIR:  The  change  which  seems  to  have  taken  place  in  the  condition  of  things  in 
Utah  Territory,  since  the  date  of  your  former  instructions,  renders  some  modifications 
of  those  instructions  necessary. 

Peace  being  now  restored  to  the  Territory,  the  judicial  administration  of  the  laws 
wrill  require  no  help  from  the  army  under  your  command.  If  the  service  of  the 
United  States  troops  should  be  needed  under  any  circumstances,  it  could  only  be  to 
assist  the  executive  authority  in  executing  the  sentence  of  law  or  the  judicial  decrees 
of  the  court;  and  that  necessity  could  only  arise  wrhen  the  services  of  a  civil  posse 
were  found  to  be  insufficient.  You  will  therefore  only  order  the  troops  under  your 
command  to  assist  as  a  posse  comitatus  in  the  execution  of  the  laws,  upon  the  written 
application  of  the  governor  of  the  Territory,  and  not  otherwise. 

The  fidelity  with  which  you  have  obeyed  the  instructions  of  this  Department 
heretofore  given  you  is  the  fullest  guarantee  that  you  will  with  the  same  zeal  and 
efficiency  conform  to  these. 

I  am,  General,  very  respectfully,  your  obedient  servant, 

JOHN  B.  FLOYD,  Secretary  of  War. 
Brevet  Brig.  Gen.  A.  S.  JOHNSTON, 

Commanding  Department  of  Utah,  Camp  Floyd,  Utah  Territory. 

Immediately  on  receipt  of  these  instructions  General  Johnston  called 
upon  Judge  Cradlebaugh  to  make  arrangements  to  take  over  the 
prisoners  and  witnesses  then  under  charge  of  the  troops,  and  later,  no 
response  being  made  to  his  first  communication,  advised  the  marshal 
that  he  "will  deeply  regret  to  turn  loose  upon  this  community  men 
charged  with  committing  the  most  atrocious  crimes,  and  holding  in 
terror  a  portion  of  its  members,  but  unless  they  are  soon  taken  from 
the  custody  of  the  army  he  will  have  no  other  alternative." 


THE   AFFAIR  AT    HARPERS    FERRY,   VA. ,   OCT.   16-18,   1859.  V»9 

The  United  States  marshal,  having  no  jail  or  other  place  of  confine 
ment  for  his  prisoners,  was  forced  to  see  them  released,  save  one  or 
two  men  who,  having  been  convicted  of  murder  under  particularly 
atrocious  circumstances,  were  held  until  he  had  raised  a  strong  posse 
to  conduct  them  to  Salt  Lake  City." 

Whether  the  occurrences  at  Harpers  Ferry,  Va.,  on  the  10th,  17th, 
and  18th  days  of  October,  1859,  are  to  be  characterized  as  an  ';  insur 
rection  "  within  the  meaning  of  the  law  is  believed  to  depend  largely 
upon  the  point  of  view.  On  the  14th  of  December,  1859,  the  Senate 
of  the  United  States  appointed  a  select  committee  "to  inquire  into  the 
facts  attending  the  late  invasion  and  seizure  of  the  armory  and  arsenal 
of  the  United  States  at  Harpers  Ferry,  in  Virginia,  by  a  band  of 
armed  men,  and  report,"  among  other  things,  "whether  the  same  was 
attended  by  armed  resistance  to  the  authorities  and  public  force  of  the 
United  States,  and  by  the  murder  of  any  of  the  citizens  of  Virginia, 
or  of  any  troops  sent  there  to  protect  the  public  property,  and  whether 
such  invasion  and  seizure  was  made  under  cover  of  any  organization 
intended  to  subvert  the  government  of  any  of  the  States  of  the  Union." 
The  majority  of  this  committee,  composed  of  Senators  J.  M.  Mason, 
Jefferson  Davis,  and  G.  N.  Fitch,  reported  that  in  their  opinion  the 
Invasion  was  in  no  sense  of  that  character  implied  by  the  language  of 
the  fourth  section  of  the  fourth  article  of  the  Constitution,  but  was 
"simply  the  act  of  lawless  ruffians,  under  the  sanction  of  no  public  or 
political  authority — distinguishable  only  from  ordinary  felonies  by  the 
ulterior  ends  in  contemplation  by  them,  and  by  the  fact  that  the  money 
to  maintain  the  expedition,  and  the  large  armament  they  brought  with 
them,  had  been  contributed  and  furnished  by  the  citizens  of  other 
States  of  the  Union,  under  circumstances  that  must  continue  to  jeopard 
the  safety  and  peace  of  the  Southern  States,  and  against  which  Con 
gress  has  no  power  to  legislate." 

The  minority,  composed  of  Senators  Jacob  Collamer  and  J.  R.  Doo- 
littfe,  while  agreeing  that  the  affair  was  a  senseless  and  deplorable 
outrage,  found  no  evidence  that  any  other  citizens  of  the  Union  than 
those  with  Brown  were  accessory  to  the  outbreak,  had  any  complicity 
with  the  conspiracy,  or  any  suspicion  of  its  existence  or  design  before 
its  explosion.  Briefly,  the  facts  as  disclosed  by 'the  Congressional 
inquiry,  are  these: 

On  Sunday  night,  the  16th  of  October,  1859,  between  11  and  12 
o'clock,  a  party  of  18  armed  men,  led  by  one  John  Brown,  who  had 
been  active  in  the  disturbances  in  Kansas  in  1855-1857,  crossed  the 
bridge  connecting  the  States  of  Maryland  and  Virginia  at  Harpers 
Ferry,  and,  entering  that  village,  proceeded  quietly  to  take  possession 
of  the  buildings  of  the  United  States  armory  and  arsenal,  which  were 

"-Annual  Report  of  the  Secretary  of  War  for  the  year  1859,  pp.  124-244,  "Affairs 
in  the  Department  of  Utah." 


100  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

guarded  by  a  single  watchman.     Establishing  themselves  in  a  strong 

brick  building  near  the  gate,  used  as  an  engine  house, 

Harpers Ferr,. va..   they  stationed  sentinels  at  the  bridge,  the  street  cor- 

October  16-18,  1859. 

ners,  and  at  the  main  buildings  of  the  armory,  sent 
out  and  arrested  several  gentlemen  living  in  the  country  near  the 
Ferry,  and  by  morning  had  them  and  some  ten  others  confined  in  the 
engine  house.  When  the  workmen  and  others  left  their  houses  in 
the  morning  they  were  seized  and  taken  to  the  watchhou.se  adjoining 
the  engine  house  until,  with  those  already  there,  they  numbered  some 
thirty  to  forty.  The  first  alarm  came  through  the  stopping  of  a  train 
of  the  Baltimore  and  Ohio  Railroad  at  about  half  past  1  in  the  morning 
by  a  sentinel  at  the  bridge  and  its  unnecessary  detention  for  some 
hours.  The  passengers  when  released  carried  the  intelligence  to 
Charlestown,  some  10  miles  to  the  west,  and  to  Martinsburg,  about 
10  miles  farther,  when  the  citizens  assembled,  armed  themselves,  and 
lost  no  time  in  proceeding  to  Harpers  Ferry. 

By  noon  of  Monday,  the  17th,  the  citizens  of  Harpers  Ferry,  aided 
by  those  from  the  neighboring  towns,  assembled  in  front  of  the  gate 
of  the  armory,  which  they  carried  by  assault,  and  succeeded  in  liber 
ating  all  of  the  prisoners  in  the  watchhouse,  but  were  unable  to  dislodge 
the  party  in  the  engine  house.  During  the  day  an  irregular  tire  was 
kept  up  on  both  sides,  resulting  in  the  killing  of  three  and  the  wound 
ing1  of  many  others,  but  there  was  no  organized  attack  until  late  in  the 
afternoon.  By  that  time  volunteer  companies  from  Charlestown, 
Sheppardstown,  and  Martinsburg  had  arrived,  followed  by  a  company 
from  Winchester  and  three  from  Frederick,  Md.,  and  later  in  the 
evening  by  four  companies  from  Baltimore,  but  it  was  then  too  late 
for  aggressive  operations. 

Immediately  upon  the  receipt  of  the  intelligence  at  the  War  Depart 
ment,57  the  most  available  troops— a  detachment  of  marines  from  the 
Washington  Navy- Yard — -were  sent  to  Harpers  Ferry,  and  by  a  later 
train  Lieut.  Col.  Robert  E.  Lee,  Second  Cavalry,  proceeded  to  the 
scene  of  disturbance,  under  special  instructions  of  the  Secretary  of 
War  to  take  command  of  the  troops  and  of  all  operations  at  that 
point.  In  the  belief  that  this  was  merely  the  outbreak  of  a  serious 
insurrection,  orders  were  sent  to  Fort  Monroe  for  troops  to  proceed 
at  once  to  Baltimore,  and  a  detachment  of  11  officers  and  112  men 
left  by  the  night  boat  of  the  17th.  Another  party  was  dispatched 
from  New  York  Harbor,  and  the  troops  at  Fort  McHenry  were 
directed  to  hold  themselves  in  readiness  to  move  at  an  hour's  notice. 
The  President  issued  the  usual  proclamation,  which  was  intrusted  in 
manuscript  to  Colonel  Lee,  to  be  published  at  Harpers  Ferry  on  his 
arrival.  Colonel  Lee  arrived  at  Harpers  Ferry  about  midnight  of  the 
17th,  by  which  time  the  excitement  had  reached  a  panic,  and  at  once 
marched  the  marines  to  the  armory  grounds  and  surrounded  the  build 
ing  within  which  the  insurgents  were  concealed.  At  daylight  he  sum- 


THE    WAR    OF    THE    REBELLION,   1861-1865.  101 

moned  them  to  surrender,  and  upon  their  refusal  lost  no  time  in 
storming'  the  building.  The  contest  was  ov^er  in  ten  minutes,  by 
which  time  of  Brown's  party  of  19,  12  were  killed,  2  had  managed  to 
escape,  and  5,  including  Brown,  were  prisoners.  During  the  various 
assaults  5  citizens  of  Harpers  Ferry  and  1  marine  had  been  killed,  and 
8  citizens  and  1  marine  wounded.  In  the  conviction  that  with  the 
suppression  of  this  party  nothing  was  left  of  the  conspiracy,  and  that 
the  insurrection  was  at  an  end,  Colonel  Lee  decided  that  the  publica 
tion  of  the  President's  proclamation  was  unnecessary,  and  returned  it 
with  his  report  to  the  Secretary  of  War.  The  prisoners  were  turned 
over  to  the  civil  authorities,  and  the  troops  returned  to  their  proper 
stations." 

It  will  scarcely  be  contended  that  these  circumstances  establish  any 
thing  beyond  an  insane  demonstration  on  the  part  of  a  handful  of 
reckless-  men.  without  detinite  purpose,  plan,  or  hope  of  success. 
There  was  nothing  elicited  during  the  long  trial  of  Brown,  or  the 
careful  investigation  by  the  Senate,  to  show  that  the  negroes  in  the 
vicinity  of  Harpers  Ferry  or  elsewhere  had  any  knowledge  of  Brown's 
intentions,  much  less  of  any  sympathy  or  purpose  to  join  him.  The 
negro  insurrection  at  Southampton,  already  referred  to,  in  which  over 
fifty  persons  were  murdered,  was  of  infinitely  more  consequence  in 
the  light  of  a  menace  to  the  State  government.  Whatever  measure 
of  success  is  associated  with  the  affair  grows  out  of  the  fact  that 
the  Government  property  at  Harpers  Ferry  was  for  the  moment 
unguarded.  Had  there  been  a  garrison  of  even  the  smallest  detach 
ment  usually  located  at  arsenals  and  armories,  it  is  probable  that 
these  marauders  would  have  never  passed  through  the  outer  gates.576 
Viewed  in  the  light  of  an  invasion  or  a  serious  insurrection  against 
government,  the  incident  possesses  little  or  no  value. 

It  is  not  within  the  plan  of  this  work  to  enter  upon  a  discussion  of 
the  circumstances  which  led  up  to  the  condition  of  public  affairs  that 
existed  on  the  1th  day  of  March,  1861,  at  the  installation  of  President 
Lincoln.  It  will  suffice  for  the  purposes  of  continuit}^  of  narrative  to 
say  that  on  the  20th  of  December.  1860,  the  people  of  South  Carolina 
in  convention  declared  themselves  absolved  from  any  allegiance  to  the 
United  States,  and  that  this  was  followed  by  successively  similar  action 
on  the  part  of  Georgia,  Alabama,  Mississippi,  Louisiana,  and  Florida. 
The  forts,  arsenals,  and  other  military  depots  in  those  States,  with  fewT 
exceptions,  as  well  as  in  North  Carolina,  Arkansas,  and  Texas,  had  been 
surrendered  by  their  commanders  or  seized  by  the  authorities  of  those 
States,  and  to  all  intents  and  purposes  the  functions  of  the  Federal  Gov 
ernment  were  suspended.  As  remarked  by  the  President  in  his  message 

° Senate  Report  Committee  278,  Thirty-sixth  Congress,  first  session;  Report  of 
Secretary  of  War,  1859,  p.  17.  Original  papers  on  file  in  A.  G.  O.  386,  W.  1859,  and 
papers  filed  therewith. 


102  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

of  July  4,  IStJl.  to  Congress:  "A  disproportionate  share  of  the  Federal 

muskets  and  rifles  had  somehow  found  their  way  into 

<»f  the  rebellion,     these  States  and  had  been  seized  to  bo  used  against  the 

IKt'l  —  1  Sfv"S 

Government.  Accumulations  of  the  public  revenue 
lying  within  them  had  been  seized  for  the  same  object.  The  Nav}T 
was  scattered  in  distant  seas,  leaving  but  a  very  small  part  of  it  within 
the  immediate  reach  of  the  Government.  Officers  of  the  Federal 
Army  and  Nav}'  had  resigned  in  great  numbers;  and  of  those  resign 
ing  a  large  proportion  had  taken  up  arms  against  the  Government. 
Simultaneously,  and  in  connection  with  all  this,  the  purpose  to  sever 
the  Federal  Union  was  openly  avowed.  In  accordance  with  this  pur 
pose  an  ordinance  had  been  adopted  in  each  of  these  States,  declaring 
the  States,  respectively,  to  be  separated  from  the  National  Union.  A 
formula  for  instituting  a  combined  government  of  these  States  had 
been  promulgated,  and  this  illegal  organization,  in  the  character  of 
Confederate  States,  was  already  invoking  recognition,  aid,  and  inter 
vention  from  foreign  powers."  "Under  these  circumstances,"  he  adds, 
"no  choice  was  left  but  to  call  out  the  war  powers  of  the  Government, 
and  so  to  resist  force,  employed  for  its  destruction,  by  force  for  its 
preservation."  Accordingly  on  the  loth  of  April,  1861,  he  issued  a 
proclamation  calling  upon  the  militia  of  the  several  States  to  the  num 
ber  of  75,000  to  aid  in  suppressing  certain  combinations  in  the  States 
above  mentioned  "too  powerful  to  be  suppressed  by  the  ordinary 
course  of  judicial  proceedings,  or  by  the  powers  vested  in  the  marshals 
by  law."  "I  deem  it  proper  to  say,"  he  goes  on,  "that  the  first  serv 
ice  assigned  to  the  forces  hereby  called  forth  will  probably  be  to 
repossess  the  forts,  places,  and  property  which  have  been  seized  from 
the  Union;  and  in  every  event  the  utmost  care  will  be  observed,  con 
sistently  with  the  objects  aforesaid,  to  avoid  any  devastation,  any 
destruction  of  or  interference  with  property,  or  any  disturbance  of 
peaceful  citizens  in  any  part  of  the  country;  and  I  hereby  command 
the  persons  composing  the  combinations  aforesaid  to  disperse  and 
retire  peaceably  to  their  respective  abodes  within  twenty  days  from 
this  date.""  And  again,  on  the  3d  of  Ma}%  he  called  for  an  additional 
force  to  the  number  of  nearly  83,000,  one-half  of  whom  he  designated 
"volunteers"  to  serve  three  }Tears  unless  sooner  discharged;  the 
remainder  to  be  used  for  increasing  the  Regular  Army  and  Navy— 
22,714  to  the  former,  18,000  to  the  latter.6 

The  response  to  these  calls  was  so  instantaneous  and  measureless 
that  the  Government  found  itself  seriously  embarrassed  in  the  endeavor 
to  properly  receive  and  equip  them.  Ity  the  1st  of  July  the  Govern 
ment  had  at  its  command  a  total  force  of  310,000  men.  Congress  met 
on  the  4th  of  July  and  at  once  passed  laws  enlarging  the  war  powers 
of  the  President  and  placing  at  his  command  all  the  resources  of  the 


« 12  Stat.  L.,  329.  >>  12  Stat.  L.,  331. 


THE    WAR    OF    THE    REBELLION,   1861-1865.  103 

Government.  The  fifth  section  of  the  act  of  July  13,  1861,  modified 
the  act  of  February  28,  1795,  which  up  to  that  time  had  governed  all 
proceedings  for  the  suppression  of  insurrection,  as  follows/' 

SEC.  5.  And  be  it  further  enacted,  That  whenever  the  President,  in  pursuance  of  the 
provisions  of  the  second  section  of  the  act  entitled  "An  act  to  provide  for  calling 
forth  the  militia  to  execute  the  laws  of  the  Union,  suppress  insurrections,  and  repel 
invasions,  and  to  repeal  the  act  now  in  force  for  that  purpose,"  approved  February 
twenty-eight,  seventeen  hundred  and  ninety-five,  shall  have  called  forth  the  militia 
to  suppress  combinations  against  the  laws  of  the  United  States  and  to  cause  the  laws 
to  be  duly  executed,  and  the  insurgents  shall  h#ve  failed  to  disperse  by  the  time 
directed  by  the  President,  and  when  said  insurgents  claim  to  act  under  the  authority 
of  any  State  or  States  and  such  claim  is  not  disclaimed  or  repudiated  by  the  persons 
exercising  the  functions  of  government  in  such  State  or  States,  or  in  the  part  or  parts 
thereof  in  which  said  combination  exists,  nor  said  insurrection  suppressed  by  said 
State  or  States,  then  and  in  such  case  it  may  and  shall  be  lawful  for  the  President, 
by  proclamation,  to  declare  that  the  inhabitants  of  such  State,  or  any  section  or  part 
thereof,  where  such  insurrection  exists,  are  in  a  state  of  insurrection  against  the 
United  States;  and  thereupon  all  commercial  intercourse  by  and  between  the  same 
and  the  citizens  thereof  and  the  citizens  of  the  rest  of  the  United  States  shall  cease 
and  be  unlawful  so  long  as  such  condition  of  hostility  shall  continue;  and  all  goods 
and  chattels,  wares  and  merchandise,  coming  from  said  State  or  section  into  the 
other  parts  of  the  United  States,  and  all  proceeding  to  such  State  or  section,  by 
land  or  water,  shall,  together  with  the  vessel  or  vehicle  conveying  the  same,  or  con 
veying  persons  to  or  from  such  State  or  section,  be  forfeited  to  the  United  States. 

In  accordance  with  this  authority,  and  the  former  given  him  in  the 
act  of  July  22,  1861,  to  call  into  the  service  500,000  volunteers,  the 
President  on  the  16th  of  August  issued  a  third  proclamation,  in  which, 
after  reciting  the  fact  that  in  defiance  of  his  proclamation  of  15th  of 
April  calling  upon  the  insurgents  in  certain  States  to  disperse  within 
twenty  days,  "and  whereas  such  insurrection  has  since  broken  out 
and  yet  exists  within  the  States  of  Virginia,  North  Carolina,  Tennessee, 
and  Arkansas,  and  whereas  the  insurgents  in  all  the  said  States  claim 
to  act  under  the  authority  thereof,  and  such  claim  is  not  disclaimed  or 
repudiated  by  the  persons  exercising  the  functions  of  government  in 
such  States,'1  he  said: 

Now,  therefore,  I,  Abraham  Lincoln,  President  of  the  United  States,  in  pursu 
ance  of  an  act  of  Congress  approved  July  13,  1861,  do  hereby  declare  that  the 
inhabitants  of  the  said  States  of  Georgia,  South  Carolina,  Virginia,  North  Carolina, 
Tennessee,  Alabama,  Louisiana,  Texas,  Arkansas,  Mississippi,  and  Florida  (except 
the  inhabitants  of  that  part  of  the  State  of  Virginia  lying  west  of  the  Allegheny 
Mountains  and  of  such  other  parts  of  that  State  and  the  other  States  hereinbefore 
named  as  may  maintain  a  loyal  adhesion  to  the  Union  and  the  Constitution,  or  may 
be,  from  time  to  time,  occupied  and  controlled  by  forces  of  the  United  States  engaged 
in  the  dispersion  of  said  insurgents)  are  in  a  state  of  insurrection  against  the  United 
States.  & 

From  this  date  (July  13,  1861)  until  the  20th  day  of  August,  1866, 
when  President  Johnson  declared  all  insurrection  at  an  end,''  the  civil 


«  Act  approved  July  13,  1861;  12  Stat.  L.,  255. 

^  12  Stat.  L.,  333. 

c Proclamations  April  2,  1866,  and  August  20,  1866;  14  Stat.  L.,  811-814. 


104  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

war  was  territorial;  that  is  to  say,  "it  was  conducted  between  the 
contending  parties  with  all  the  rights  of  war  recognized  by  the  law  of 
nations."  "When  the  course  of  justice  is  interrupted  by  revolt, 
rebellion,  or  insurrection,  so  that  the  courts  of  justice  can  not  be  kept 
open,  civil  war  exists,  and  hostilities  may  be  prosecuted  on  the  same 
footing  as  if  those  opposing  the  Government  were  foreign  enemies 
invading  the  land.""  (2  Black,  667,  668.)  "The  act  of  Congress  of 
July  13,  1861,"  said  the  Supreme  Court  in  the  Prize  cases,  "  we  think, 
recognized  a  state  of  civil  war  between  the  Government  and  the  Con 
federate  States  and  made  it  territorial."  Hence,  like  the  second  war 
with  Great  Britain  and  the  war  with  Mexico,  unlike  an  insurrection 
within  a  State,  its  conduct  was  within  the  control  of  Congress  and  not 
of  the  President.  "  By  the  Constitution  Congress  alone  has  the  power 
to  declare  a  national  or  foreign  war.  It  can  not  declare  war  against 
a  State  or  any  number  of  States.  The  Constitution  confers  on  the 
President  the  whole  executive  power.  He  is  Commander  in  Chief  of 
the  Army  and  Navy  and  of  the  militia  of  the  several  States  when 
called  into  the  actual  service  of  the  United  States.  He  has  no  power 
to  initiate  or  declare  war  against  a  foreign  or  a  domestic  State.  By 
the  act  of  Congress  of  February  28,  1795,  and  March  3,  1807,  he  is 
authorized  to  call  out  the  militia  and  use  the  military  and  naval  force 
of  the  United  States  in  case  of  invasion  by  a  foreign  nation  and  to 
suppress  insurrection  against  the  government  of  a  State  or  of  the 
United  States."6  It  was  still  an  insurrection,  but  an  insurrection  that 
had  culminated  in  organized  rebellion. 

Congress  having  now  assumed  its  war  powers,  lost  no  time  in  bringing 

them  to  bear  upon  the  situation.     By  an  act  approved  July  22, 1861/'  it 

legalized  the  calls  already  made  and  authorized  the  President  to  accept 

the  services  of  not  to  exceed  500,000  more.    These  men  are  designated 

in  the  act   as  "volunteers."     Heretofore  when  calls 

The  "volunteer"      1in  n  10  »    "         «T  •  i    •         i 

as  a  had  been  made  upon  the  States  tor  military  aid  in  the 

new  military  factor.  '  ,  .  l  . 

suppression  of  insurrection  or  the  repelling  ot  inva 
sion,  requisition  had  been  made  upon  the  militia,  following  the  act  of 
February  28,  1795,  and  as  a  rule  upon  the  militia  of  the  State  or  States 
nearest  to  the  scene  of  disturbance.  Thus,  in  the  Florida  war  the  force 
employed  was  from  Georgia,  Alabama,  Mississippi,  and  South  Caro 
lina;  in  the  war  with  Mexico  the  States  first  called  upon  were  Louisi 
ana  and  Texas,  followed  by  Arkansas,  Mississippi,  and  States  border  ing 
the  Gulf  of  Mexico.  Nor  was  this  rule  by  any  means  abandoned  by 
the  introduction  of  the  "volunteer"  as  a  separate  military  factor. 
For  by  the  proclamation  of  June  15,  1863,  based  upon  the  fact  that 
"armed  insurrectionary  combinations  now  existing  in  several  of  the 
States  are  threatening  to  make  inroads  into  the  States  of  Maryland, 

"The  Prize  cases,  4  Miller,  878.  &  Supra,  880.  ''12  Stat.  L.,  268. 


THE    VOLUNTEER    AS    A    NEW    MILITARY    FACTOR.  105 

West  Virginia,  Pennsylvania,  and  Ohio,  requiring  immediately  an 
additional  military  force  for  the  service  of  the  United  States,"  the 
President  called  into  the  service  100,000  militia — from  Maryland, 
10,000;  from  Pennsylvania,  50,000;  from  Ohio,  30,000;  from  West 
Virginia,  10,000. a  But  with  this,  and  a  few  minor  exceptions,  the 
militia  practically  disappeared  during  the  war  of  the  rebellion  .  and 
was  succeeded  by  the  volunteer. 

It  is  to  be  remarked  that  the  volunteer  was  an  evolution  or  a  devel 
opment  of  the  situation  rather  than  a  predetermined  quantity.  Under 
the  proclamation  of  April  15,  1861,  the  75,000  called  for  were  appor 
tioned  from  those  States  not  then  in  insurrection,  and  the  governors 
of  these  States  were  requested  to  "detach  from  the  militia"  under 
their  command  a  certain  specified  number,  to  serve  for  three  months 
unless  sooner  discharged.  Of  the  States  thus  called  upon,  Virginia, 
North  Carolina,  Tennessee,  Arkansas,  Kentuck}T,  and  Missouri  per 
emptorily  refused;  Maryland  was  prevented  from  furnishing  its  quota 
owing  to  the  outbreak  in  Baltimore;  Virginia  and  Missouri,  notwith 
standing  the  refusal  of  their  governors,  subsequently  organized  and 
tendered  far  more  than  their  quota.  Under  the  call  of  May  4,  1861, 
"  for  [60,000]  volunteers  to  serve  during  the  war,"  the  response  was 
so  overwhelming  that,  unwilling  to  discriminate  and  equally  indis 
posed  to  decline,  the  Government  had  accepted  208  regiments,  or 
nearly  200,000  men,  before  the  meeting  of  Congress  on  the  4th  of  July. 
In  his  special  report  of  July  1,  1861,  Mr.  Secretary  Cameron  thus 
remarks  concerning  the  volunteer  system,  which  had  so  unexpectedly 
superseded  the  militia: 

I  can  not  forbear  to  speak  favorably  of  the  volunteer  system  as  a  substitute  for  a 
cumbrous  and  dangerous  standing  army.  It  has  heretofore  by  many  been  deemed 
unreliable  and  inefficient  in  a  sudden  emergency,  but  actual  facts  have  proved  the 
contrary.  If  it  be  urged  that  the  enemies  of  order  have  gained  some  slight  advan 
tages  at  remote  points  by  reason  of  the  absence  of  a  sufficient  regular  force,  the 
unexampled  rapidity  of  concentration  of  volunteers  already  witnessed  is  an  ample 
refutation  of  the  argument.  A  government  whose  every  citizen  stands  ready  to 
march  to  its  defense  can  never  be  overthrown,  for  none  is  so  strong  as  that  whose 
foundations  rest  immovably  in  the  hearts  of  the  people. 

The  spectacle  of  more  than  a  quarter  of  a  million  of  citizens  rushing  to  the  field  in 
defense  of  the  Constitution  must  ever  take  rank  among  the  most  extraordinary  facts 
of  history.  Its  interest  is  vastly  heightened  by  the  lavish  outpouring  from  States 
and  individuals  of  voluntary  contributions  of  money,  reaching  an  aggregate  thus  far 
of  more  than  ten  millions  of  dollars.  But  a  few  weeks  since  the  men  composing  this 
great  army  were  pursuing  the  avocations  of  peace.  They  gathered  from  the  farm, 
from  the  workshop,  from  the  factory,  from  the  mine.  The  minister  came  from  his 


« It  is  further  noted  that  the  call  of  March  14,  1864,  is  for  "200,000  men  for  the 
military  service;"  that  of  July  18,  1864,  for  "500,000  volunteers,"  and  December 
19,  1864,  for  "300,000  volunteers."  The  terms  are  employed  interchangeably.  The 
rule  was  to  apportion  the  number  of  men  desired  among  the  States  and  to  permit 
them  to  fill  the  requisition  in  their  own  way.  (Report  Provost-Marshal-General, 
1865. ) 


106  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

pulpit,  the  merchant  from  his  eountingroom,  the  professor  and  student  from  the 
college,  the  teacher  and  pupil  from  the  common  schools.  Young  men  of  fortunes 
left  luxurious  homes  for  the  tent  and  the  camp.  Native  and  foreign  born  alike  came 
forward  with  a  kindred  enthusiasm.  That  a  well-disciplined,  homogeneous,  and 
efficient  force  should  be  formed  out  of  such  a  seemingly  heterogeneous  mass  appears 
almost  incredible.  But  what  is  the  actual  fact?  Experienced  men  who  have  had 
ample  opportunity  to  familiarize  themselves  with  the  condition  of  European  armies 
concede  that  in  point  of  personnel  this  patriot  army  is  fully  equal  to  the  finest  regu 
lar  troops  of  the  Old  World.  A  more  intelligent  body  of  men  or  one  actuated  by 
purer  motives  was  never  before  marshaled  in  the  field. 

The  calling  forth  of  this  large  and  admirable  force  in  vindication  of  the  Constitu 
tion  and  the  laws  is  in  strict  accordance  with  a  wise  prudence  and  economy,  and  at 
the  same  time  in  perfect  harmony  with  the  uniform  practice  of  the  Government. 
But  three  years  ago,  when  the  authority  of  the  nation  was  contemptuously  defied  by 
the  Mormons  in  Utah,  the  only  safe  policy  consistent  with  the  dignity  of  the  Gov 
ernment  was  the  prompt  employment  of  such  an  overwhelming  force  for  the  sup 
pression  of  the  rebellion  as  removed  all  possibility  of  failure. 

Congress  followed  up  its  legislation  of  July  22,  1861,  which  called 
half  a  million  men  into  the  field  by  an  act  which  was  approved  July 
17,  1862,  authorizing-  an  additional  100,000  for  nine  months,  and  as 
many  as  would  be  necessary  to  fill  up  the  regiments  then  in  the  field. 
By  the  terms  of  this  act,  which  directed  the  militia  when  called  into 
the  service  of  the  United  States  to  be  organized  in  the  mode  pre 
scribed  by  law  for  volunteers,  it  was  provided  that— 

If  by  reason  of  defects  in  existing  laws  or  in  the  execution  of  them  in  the  several 
States  or  any  of  them  it  shall  be  found  riecessary  to  provide  for  enrolling  the  militia 
and  otherwise  putting  this  act  into  execution,  the  President  is  authorized  in  such 
cases  to  make  all  necessary  rules  and  regulations;  and  the  enrollment  of  the  militia 
shall  in  all  cases  include  all  able-bodied  male  citizens  between  the  ages  of  eighteen 
and  forty-five,  and  shall  be  apportioned  among  the  States  according  to  representative 
population/' 

This  was  followed,  on  the  27th  of  February,  1864,  by  an  act  which 
authorized  the  President,  ''whenever  he  shall  deem  it  necessary  during 
the  present  war,  to  call  for  such  number  of  men  for  the  military 
service  of  the  United  States  as  the  public  exigencies  may  require,1' 
thus  vesting  in  the  President  a  practically  unlimited  power  to  create 
armies  and  navies  for  the  suppression  of  the  rebellion  then  nearing  its 
end.6  Under  this  and  the  various  preceding  authorizations  there  were 
mustered  into  the  service  of  the  United  States  during  the  period 
covered  by  the  war  a  total  of  nearly  three  million  men  (2,772,408), 
while  the  insurgent  States  opposed  to  them  a  force  that  amounted  to 
very  little  less  than  one  million  more. 

Contrary  to  all  prior  experiences  of  history  the  period  covered  by 
the  war  of  the  rebellion  was  singularly  free  from  domestic  disturbances. 
In  one  or  more  localities  there  was  forcible  opposition  to  the  draft, 
but  this  was  promptly  suppressed  by  the  State  authorities  without 
the  intervention  of  any  armed  force  of  the  General  Government. 

« 12  Stat.  L.,  597.  ''  18  Stat,  L.,  6. 


V.  THE  RECONSTRUCTION  PERIOD. 

BRIGANDAGE  IX  MISSOURI,  1866-RIOT3  AT  NORFOLK,  VA.,  1866— THE  MEMPHIS,  TENN., 
RIOTS,  1866— FENIAN  INVASION  OF  CANADA,  1860— RIOTS  AT  MOBILE,  ALA.,  1867— RIOT 
AT  FRANKLIN,  TENX.,  1867— THE  NASHVILLE,  TENN.,  ELECTION,  1867— THE  KU-KLUX- 

-  KLAN,  1866-1872— DISORDERS  IN  GULF  STATES,  1868— LAWLESSNESS  IN  ARKANSAS,  1868- 
RIOTS  AT  CAMILLA,  GA.,  1868— LAWLESSNESS  IN  TEXAS,  18G8-1870— RIOT  AT  MILLICAN, 
TEX.,  1868— RIOT  AT  MOBILE,  ALA.,  1869— RIOT  AT  UNIONVILLE,  S.  C.,  1871. 


The  first  step  toward  the  restoration  of  the  seceding  States  was  a 
proclamation  by  President  Lincoln  of  December  8,  1S63/'  in  which, 
was  promised  full  pardon  with  restoration  of  rights  of  property 
(excepting  slaves)  to  such  as  should  take  and  maintain  an  oath  of  alle 
giance,  etc.,  and  providing  that  when  there  shall  be  in  any  such  State  a 
number  equal  to  10  per  cent  of  the  Presidential  vote  of  1860  who  shall 
have  taken  such  oath,  these  people  shall  be  authorized  to  reestablish  a 
republican  form  of  government,  which  shall  be  recognized  as  the  true 
and  legal  government  of  the  State.  Under  this  authorization  Louis 
iana  and  Arkansas  had  organized  governments  in  186-t  and  Tennessee 
in  1865,  which  had  been  recognized,  while  provisional  governors  had 
been  appointed  by  the  President  for  all  the  other  States,  with  instruc 
tions  to  call  conventions  to  formulate  newr  constitutions  and  take  other 
formal  -measures  for  restoring  these  States  to  their  constitutional  rela 
tions  to  the  General  Government.  Congress,  however,  did  not  approve 
The  recon  ^s  method  of  reconstruction,  and,  after  long  debate 

straiC866S87ori0(1'  throughout  the  year  1866  and  up  to  the  close  of  the 
Thirty-ninth  Congress,  developed  another  plan  which 
found  expression  in  the  act  of  March  2,  186T/;  and  the  supplementary 
acts  of  March  23  and  July  19,  each  of  which  was  opposed  by  the  Pres 
ident  and  passed  over  his  veto.  These  acts  declared  that  no  legal  gov 
ernments  existed  in  the  States  of  Virginia,  North  Carolina,  South 
Carolina,  Georgia,  Alabama,  Mississippi.  Louisiana,  Florida,  Arkan 
sas,  and  Texas,  and  divided  them  into  live  military  districts,  each 
under  the  command  of  a  general  officer  of  the  Army,  with  sufficient 
military  force  to  enforce  his  authority.  It  was  made  the  duty  of  these 
commanders  to  make  a  registration  of  legal  voters,  these  to  elect  dele 
gates  to  a  convention  which  should  frame  a  new  constitution,  which 
constitutions  should  be  approved  by  Congress;  after  which,  the  State, 
having  ratified  the  fourteenth  amendment  to  the  Constitution,  should 

«13  Stat.  L.,  737.  &14  Stat.  L.,  428. 

107 


108  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

be  restored  to  its  former  relations,  and  its  Senators  and  Representa 
tives  entitled  to  admission  to  Congress.  The  conditions  of  these  acts 
were  complied  with  in  1868  by  North  and  South  Carolina,  Florida, 
Alabama,  Louisiana,  and  Arkansas;  by  Virginia,  Mississippi,  and 
Texas  in  1869,  and  by  Georgia  in  1870,  and  thus  reconstruction  was 
fully  accomplished. 

The  period  of  time  during  which  this  scheme  of  rehabilitation  was 
in  progress  was  not  unnaturally  one  of  great  disorder  throughout  the 
section  lately  engaged  in  insurrection,  requiring  the  constant  presence 
of  troops  and  the  frequent  necessity  of  employing  them  for  the  pres 
ervation  of  order.  There  were  many  reasons  for  this,  not  altogether 
political.  The  return  to  the  pursuits  of  ordinary  life  of  several  hun 
dred  thousand  men  from  the  armies,  many  of  them  turbulent  in  dispo 
sition,  disinclined  to  labor,  and  impatient  of  control,  introduced  an 
element  of  discord  not  easily  suppressed.  In  several  of  the  border 
States  these  restless  men  banded  together  for  purposes  of  mischief  and 
plunder,  roamed  the  country,  riding  at  breakneck  speed  through  the 
streets,  swaggering  about  the  hotels  and  public  places 

in  ?Souria?86c,.  with  revolvers  in  their  belts,  overawing  the  police,  and 
setting  the  laws  at  defiance.  These  men  robbed  trav 
elers,  burned  the  huts  of  colored  people,  and  were  in  fact  brigands.  To 
such  an  extent  was  this  carried  on  in  Missouri  that  the  governor,  finding 
the  civil  authorities  powerless  to  maintain  the  peace,  ordered  out  the 
entire  militia  of  the  State — 34  companies — and  hunted  these  marauders 
from  one  hiding  place  to  another  until  they  were  finally  forced  to  leave 
the  State.  But  a  more  prolific  source  of  disturbance  was  the  intense 
feeling  toward  the  colored  people,  many  of  whom  perhaps  allowed 
their  freedom  to  take  unnecessary  prominence  in  the  presence  of  their 
former  owners. 

Of  this  character  were  the  riots  at  Norfolk,  Ya.,  in  the  spring  of 
1866.  The  close  of  the  war  had  left  some  700  or  800  colored  soldiers  at 
Norfolk,  and  many  of  these  had  availed  themselves  of  the  privilege 
granted  by  the  Government  to  honorably  discharged  soldiers  of  pur 
chasing  the  arms  they  had  carried  during  the  war."  It  was  not  shown 
during  the  subsequent  investigation  that  these  men  had  any  organ i- 
Riots  zation,  or  that  there  was  any  mutual  understanding  as 

atAprifi°i^i«a''  to  their  rights  to  self -protection,  beyond  the  natural 
bonds  of  race  sympathy.  On  the  other  hand,  it  was 
shown  that  the  surviving  members  of  companies  that  had  served  in 
the  Confederate  armies  had  maintained  their  organization,  although 
there  was  no  evidence  that  these  organizations  proposed  to  resist  any 
laws  of  the  United  States  or  that  they  entertained  any  insurrectionary 
plans.  Norfolk  possessed  at  the  time  a  floating  population  of  dis 
orderly  and  abandoned  characters,  and  between  these  and  the  colored 

« General  Orders,  No.  101,  War  Department,  1865. 


RIOTS    AT    NORFOLK,   VA.,   APRIL    10-18,   I860.  109 

population  there  was  some  considerable  enmit}\  though  there  was 
abundant  proof  that  the  relations  between  the  colored  people  and  their 
old  employers  and  owners  were  eminently  satisfactory.  On  the  16th 
of  April  the  colored  population  of  Norfolk  and  Portsmouth  celebrated 
the  passage  of  the  civil  rights  bill  by  a  procession  and  public  speaking 
at  grounds  near  town.  The  commanding  officer  of  the  United  States 
troops  at  Norfolk,  Captain  Stanhope,  Twelfth  Infantry,  witnessed  the 
procession,  which  passed  off  peaceably,  and  had  returned  to  his  quarters 
when  firing  commenced  at. the  grounds  where  the  speaking  was  going 
on.  He  then  ordered  out  a  company,  and  proceeding  to  the  grounds, 
where  he  found  a  white  man  had  been  killed,  disarmed  every  negro, 
dispersed  the  meeting,  and  escorted  the  Portsmouth  delegation  home. 
He  then  saw  the  mayor  of  the  city,  who  informed  him  that  his  police 
force  was  worthless,  that  he  could  not  control  the  disturbance,  and 
asked  for  Federal  aid.  This  was  about  noon.  During  the  afternoon 
there  were  rumors  that  the  white  people  were  organizing,  and  that 
they  would  attack  the  negroes  as  soon  as  darkness  would  permit. 
Captain  Stanhope  disposed  his  troops  to  best  advantage  and  awaited 
the  progress  of  events.  There  was  desultory  but  constant  firing  during 
the  night,  and  a  number  of  negroes  were  killed  and  wounded;  bodies 
of  men  were  marching  the  streets,  numbering  in  the  aggregate  several 
hundred,  but  on  the  appearance  of  the  troops  they  dispersed.  The 
following  da}'  there  was  great  excitement.  Large  bodies  of  men  col 
lected  about  the  cit}7,  and  threats  were  openly  made  of  a  night  attack 
that  would  crush  the  soldiers  and  exterminate  the  negroes.  The  troops, 
Avho  had  been  on  duty  almost  constantly  for  thirty-six  hours,  were 
reenforced  about  dark  by  about  200  men  from  Fort  Monroe,  and  but 
for  their  timel}'  arrival  there  is  reason  for  believing  that  a  desperate 
riot  would  have  occurred  on  the  night  of  the  17th,  as  both  blacks  and 
whites  had  matured  plans  that  were  to  culminate  at  that  time.  It  was 
afterwards  discovered  that  every  colored  man  who  had  shown  himself 
on  the  streets  on  the  night  of  the  16th  had  been  fired  upon." 

The  conditions  that  brought  about  the  disturbances  at  Norfolk  and 
New  Orleans  were  no  different  from  those  that  existed  elsewhere 
throughout  the  South  during  the  years  immediately  following  the 
close  of  the  war.  The  affair  at  Memphis,  which  immediately  followed 
that  at  Norfolk,  was  a  conspicuous  illustration  of  the  intensely  bitter 
feeling  throughout  the  former  slaveholding  States  toward  the  blacks, 
and  particularly  toward  such  of  them  as  had  served  in  the  Federal 
armies  and  had  thus  contributed  toward  the  suppression  of  the  rebel 
lion.  The  Third  Regiment  of  United  States  Colored  Artillery  had 

«  Finding  of  the  board  of  officers  to  inquire  into  the  causes  of  the  riots  at  Norfolk, 
Va.,  011  the  16th  of  April,  1866.  (154  V.,  A.  G.  O.,  1866.)  Letter  of  Secretary  of 
War,  January  21,  1867,  in  answer  to  H.  E.  resolution  of  December  10,  1866,  calling 
for  information  relative  to  Hots  at  Norfolk.  (H.  R.  Ex,  Doc.  No.  72,  Thirty-ninth 
Congress,  second  session. ) 


The  Memphis  riob 
Mav  1-8.  186C>. 


110  FEDERAL    All)    IN    DOMESTIC    DISTURBANCES. 

been  organized  at  Memphis  in  1863  under  the  title  of  the  First  Ten 
nessee  Heavy  Artillery,  and  had  been  made  up  of  the  negroes  of  that 
vicinity  who  had  sought  the  protection  of  the  Federal  Government. 
It  had  been  stationed  at  Memphis  from  the  time  of  its  organization 
and  had  been  employed  in  the  various  police  and  other 
semi-military  duties  that  brought  its  members  into  fre 
quent  contact  with  the  lawless  white  element.  Many 
negro  soldiers  had  from  time  to  time  been  arrested  by  the  white  police, 
and  many  whites,  including  policemen,  had  been  arrested  by  the  negro 
soldiers,  and  in  both  cases  those  arrested  had  not  infrequently  been 
treated  with  unnecessary  harshness.  On  the  30th  of  April,  186(5,  this 
regiment  was  officially  mustered  out  of  the  United  States  service,  and 
the  men  discharged.  Many  of  them  had  what  they  called  families  liv 
ing  at  South  Memphis,  and  having  been  paid  off,  strolled  about  the 
city  on  the  evening  of  the  30th  and  during  the  1st  of  May  in  bodies  of 
from  ten  to  seventy -five,  gradually  reached  a  state  of  intoxication, 
became  noisy  and  subjects  for  police  attention.  On  the  night  of  the 
1st  a  body  of  six  policemen  arrested  two  boisterous  negroes  and  were 
conducting  them  to  the  station  house,  when  they  were  attacked  by  a 
crowd  of  negroes.  The  police  turned  and  fired  into  the  crowd,  wound 
ing  one;  the  prisoners  escaped.  The  negroes  returned  the  fire,  wound 
ing  one  of  the  policemen.  The  latter  being  reenforced  and  supported 
by  a  large  crowd  of  citizens,  proceeded  to  shoot,  beat,  and  arrest  every 
negro  in  sight,  and  this  was  kept  up  at  intervals  until  midnight,  when 
it  was  quelled  by  the  appearance  of  a  small  detachment  of  United 
States  troops/' 

On  the  morning  of  the  2d  the  rioting  was  renewed,  but  the  scene 
had  been  transferred  to  South  Memphis,  where  the  negroes  were  most 
congregated.  The  regular  troops  at  Memphis,  after  the  muster  out 
of  the  colored  regiment,  numbered  less  than  150,  and  as  there  was 
much  public  property  to  guard,  but  few  men  could  be  spared  to  aid  in 
preserving  the  peace,  and  these  devoted  their  efforts  to  keeping  the  dis 
charged  soldiers  inside  the  fort  and  the  infuriated  white  people  out 
of  it.  On  the  night  of  the  2d  a  party  of  mounted  whites  rode  about 
the  suburbs,  setting  tire  to  the  negro  schoolhouses,  churches,  and 
dwellings,  shooting,  beating,  and  maltreating  all  who  resisted.  The 
civil  authorities,  as  was  fully  proven  in  the  subsequent  investigation, 
were  not  only  indisposed  to  quell  the  rioting,  but  many  of  them  actu 
ally  and  actively  participated  in  it.  This  continued  throughout  the 
night  of  the  2d  and  during  much  of  the  3d,  with  a  total  result  of  46 
colored  and  2  white  persons  killed;  75  wounded;  100  robberies,  more 
or  less  aggravated;  91  houses  and  cabins,  12  schoolhouses,  and  4 
churches  burned;  individual  property  destroyed  to  the  value  of 
$100,000.° 


«  Telegram:  General  Stoneman  to  General  Grant,  May  12,  1866. 
''  Testimony  taken  at  Memphis  May  22-June  6,  1866,  before  a  select  committee  of 
Congress.     (II.  R.  Report  No.  101,  Thirty-ninth  Congress,  first  session;  ibid,  p.  36.) 


THE    MEMPHIS,   TENN.,   RIOTS,   MAY    1-3,   1866.  Ill 

On  the  afternoon  of  the  3d  General  Stoneman  decided  to  assume 
military  control  of  the  situation  and  to  suspend  the  civil  power.  He 
remarked  in  his  testimony  before  the  Congressional  committee  that 
he  first  endeavored  to  communicate  with  the  mayor  of  the  cit}T,  but 
was  informed  that  he  was  riot  in  a  condition  to  be  communicated  with. 
He  accordingly  issued  the  following  open  letter,  which  was  published 
in  the  evening  papers  and  circulated  by  handbills: 

HEADQUARTERS  DEPARTMENT  OF  TENNESSEE, 

MEMPHIS,  TENN.,  May  3,  1866. 

To  tin'  )it<iyor,  cit;/  council,  and  all  civil  authorities  of  Ihe  county  of  Shelby,  and  city  of 
Memphis'. 

GENTLEMEN:  Circumstances  compel  the  undersigned  to  interfere  with  civil  affairs 
in  the  city  of  Memphis.  It  is  forbidden  for  any  person,  without  the  authority  from 
these  headquarters,  to  assemble  together  any  posse,  armed  or  unarmed,  white  or 
colored.  This  does  not  include  the  police  force  of  the  city,  and  will  not  so  long  as 
they  can  be  relied  upon  as  preservers  of  the  peace. 

I  am,  gentlemen,  very  respectfully,  your  obedient  servant, 

GEO.  STONEMAN, 
Major-  General,  Commanding. 

The  eft'ect  of  this  action  was  instantaneous.  All  the  available  United 
States  troops  were  stationed  at  various  points  throughout  the  city, 
which  was  thoroughly  patrolled  and  the  smallest  assemblages  dis 
persed  wherever  encountered.  Every  officer  and  man  was  on  constant 
duty,  day  and  night,  for  more  than  forty-eight  hours.  The  next 
morning  a  considerable  body  of  troops  arrived  from  Nashville,  but 
their  active  services  were  not  called  into  requisition.  On  the  5th 
General  Stoneman  called  upon  the  civil  authorities  for  information  as 
regarded  their  future  intentions  and  ability  to  preserve  the  peace,  and 
concluded  his  letter  as  follows: 

In  conclusion,  I  have  to  assure  you,  and,  through  you,  the  people  of  Memphis, 
that  if  they  can  not  govern  themselves  as  a  law-abiding  and  Christian  community, 
they  will  be  governed,  and  that  hereafter  it  will  be  my  duty  and  privilege  to  see 
that  there  are  no  more  riotous  proceedings  or  conduct,  either  on  the  part  of  whites 
or  blacks,  or  city  authorities. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

GEO.  STONEMAN, 
Major-  General,  Commanding. 
His  honor,  JOHN  PARK, 

Mayor  of  the  City  of  Memphis. 

Order  having  been  restored,  and  the  excitement  consequent  upon 
the  riot  having  abated,  military  control  was  withdrawn  and  the  civil 
authorities  resumed  their  functions. 

An  attempted  invasion  of  Canada,  not  dissimilar  to  that  attempted 
by  the  Patriots  of  1837,  was  among  the  historical  incidents  of  the 
year  1866.  The  <;  Fenian  Brotherhood,"  an  organization  of  Irish- 
Americans  having  for  their  object  and  aim  the  independence  of  Ire 
land,  had  been  founded  in  New  York  in  1857,  but  its  operations  had 
been  interrupted,  if  not  diverted,  by  the  breaking  out  of  the  civil  war. 


112  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Severtu  of  the  regiments  that  so  promptly  responded  to  the  first  call  of 
President  Lincoln,  were  composed  of  members  of  the  ^circles'1  of  this 
fraternity,  and  officered  almost  entirely  by  Fenians.  In  November, 
1863,  there  were  over  15,000  members  of  the  brotherhood  in  the  United 
States,  over  half  of  whom  it  is  claimed  were  in  either  the  Federal  or 
Confederate  armies.  The  surrender  of  the  latter  and  the  disbandment 
of  the  former,  not  only  released  this  membership,  but  furnished  an 
excellent  recruiting  field  for  the  army  with  which  it  was  proposed  to 
invade  Ireland.  A  congress  of  the  Fenian  Brotherhood  assembled  at 
New  York  on  the  2d  of  January,  1866,  at  which  more 
invasion  of  Canada,  than  100  delegates  were  present;  this  was  followed  on 

June,  1866.  ,,  ,  T       ..    T^    ,  ....  ,.  , 

the  22d  ot  February  by  a  military  convention,  and  at 
this  time  plans  were  adopted  for  an  invasion  of  Canada.  Of  this  the 
Government  was  early  advised,  and  precautionary  measures  were 
taken  to  prevent  any  violation  of  the  neutrality  laws.  Early  in 
April  a  party  of  some  500  men  assembled  at  Eastport,  Me.,  under 
suspicious  circumstances.  It  was  soon  learned  that  an  attempt  was  to 
be  made  by  the  Fenians  to  occupy  the  island  of  Campo  Bello,  New 
Brunswick,  and  that  a  vessel  had  sailed  from  Portland  laden  with  arms 
and  ammunition.  One  company  of  artillery  was  stationed  at  Eastport 
and  three  more  were  sent  there.  The  vessel  was  seized  on  its  arrival 
and  the  arms  held  in  military  custody.  The  expedition  being  thus 
frustrated,  its  members  dispersed  and  the  troops  returned  to  their 
stations." 

During  the  month  of  May  large  numbers  of  men  quietly  assembled 
at  several  points  along  the  northern  frontier — at  Buffalo,  Ogdensburg, 
Malone,  and  St.  Albans — and  all  the  available  force  of  United  States 
troops  in  the  vicinity  of  New  York  were  sent  to  the  frontier.  On  the 
19th  of  that  month,  1,200  rifles  and  a  large  quantity  of  ammunition 
were  seized  at  Rouses  Point,  and  on  the  30th  another  similar  consign 
ment  was  taken  possession  of  at  the  same  place.  Numbers  of  men  in 
small  parties  were  observed  making  their  way  into  Canada  all  along 
the  line  but  were  unmolested.  In  the  meantime  the  entire  militia 
force  of  Canada  were  in  the  field,  and  considerable  bodies  of  these 
men  were  stationed  at  points  opposite  those  occupied  by  our  troops. 
On  the  1st  of  June  a  party  of  Fenians  numbering  from  1.200  to  1,500, 
armed  but  ununiformed,  crossed  the  Niagara  River  below  Buffalo 
and  took  possession  of  an  old  earthwork  on  the  Canada  side,  which, 
under  the  name  of  Fort  Erie,  had  been  the  scene  of  a  severe  engage 
ment  during  the  second  war  with  Great  Britain.  On  the  2d,  they 
advanced  into  the  province  along  a  road  known  as  the  ik  Ridge,"  where 
they  were  attacked  by  a  force  of  Canadian  militia;  several  were  killed 
on  both  sides  and  many  wounded.  The  invaders,  however,  withdrew 
the  same  night;  some  TOO  were  picked  up  by  the  United  States  steamer 

'''Major-General  Meade  to  Adjutant-General,  April  10,  1866. 


RIOTS    AT    MOBILE,   ALA.,   MAY,   1867.  113 

Michigan  on  attempting  to  return,  and  the  remainder  surrendered  the 
following-  day  to  General  Barry,  commanding  at  Buffalo.  On  the  7th, 
the  President  issued  a  proclamation  declaring  the  obligation  of  the 
United  States  to  prevent  the  carrying  on  of  unlawful  expeditions  and 
enterprises  from  its  territory;  warned  all  persons  against  the  conse 
quences  of  such  unlawful  proceedings,  and  authorized  and  enforced 
Major-General  Meade  to  employ  the  land  and  naval  forces  of  the 
United  States  and  the  militia  to  arrest  and  prevent  it."  From  this 
date  the  invasion  ceased.  The  Fenians  continued  to  pour  into  Buffalo, 
but  were  ordered  back  by  their  leaders.  Others  were  turned  back 
from  Ogdensburg  and  Malone,  in  New  York,  and  from  St.  Albans,  Vt. 
Large  quantities  of  arms  and  munitions  of  war  as  well  as  supplies 
were  captured;  the  men,  without  means  and  illy  provided  with  cloth 
ing  or  food,  were  returned  to  their  homes  at  the  expense  of  the  Gov 
ernment.  Fully  10,000  men  were  engaged  in  this  foolhardy  enterprise, 
which  never  possessed  the  slightest  elements  of  success.^ 

An  active  center  of  disturbance  during  the  reconstruction  period  was 

the  city  of  Mobile,  Ala.,  due  to  a  considerable  negro  population  and 

to  the  aggressive  attitude  of  the  whites.     Mobile  had  contributed  an 

unusually  large  percentage  of  her  male  population  to  the  Southern 

armies,  and  since  their  return  there  had  been  many  occa- 

Ri°May  i86?lle>  si°ns  when  the  presence  alone  of  United  States  troops 
had  prevented  a  collision  between  these  inharmonious 
elements.  An  attempt  of  the  colored  people  to  ride  in  the  street  cars 
had  created  so  violent  a  commotion  that  riots  were  only  averted  by 
their  abstaining,  on  the  advice  of  the  military  commandant,  from  an 
exercise  of  their  right  to  use  the  cars.  On  the  14th  of  May,  18G7,  a 
public  meeting  was  held  by  the  Republicans,  at  which  the  Hon.  William 
D.  Kelley,  a  member  of  Congress  from  Pennsylvania,  was  the  leading 
speaker.  During  his  address  a  disturbance  occurred  on  the  edge  of 
the  crowd,  followed  by  indiscriminate  firing,  in  which  two  men  were 
killed  and  several  wounded.  The  police  made  no  attempt  to  arrest 
anyone,  and  were,  as  they  admitted,  powerless  to  suppress  disturb 
ances  or  to  preserve  the  peace.  The  district  commander  directed  the 
commandant  of  the  post  to  assume  the  maintenance  of  public  order  in 
the  city  of  Mobile.  The  city  police  force  was  suspended;  a  provost 
guard  established;  all  outdoor  assemblages  prohibited;  the  carrying  of 

firearms  forbidden.     A  few  davs  later  the  mayor  and  chief  of  police 

j    « 

were  removed  aiid  Union  men  appointed/' 


"14  Stat.  L.,  813. 

b Reports  of  Major-General  Meade,  for  the  year  1866;  General  Hooker  to  General 
Meade;  General  Barry  to  General  Meade;  Major  Gibson  to  General  Meade. 

r  Major-General  Svvayne  to  Major-General  Pope,  May  20,  1867;  General  Orders, 
No.  37,  Post  of  Mobile,  May  19,  1867;  977  M.,  1867;  General  Orders,  No.  25,  Third 
Military  District,  May  29,  1867. 

S.  Doc.  209 8 


FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

A  riot  which  occurred  at  Franklin,  Tenn.,  on  the  6th  of  July,  1867, 
is  to  be  grouped  in  the  same  class  as  those  at  Memphis  and  Norfolk; 
on  the  one  side  a  body  of  returned  Confederate  soldiers,  banded  osten 
sibly  for  the  purpose  of  keeping  alive  war  memories  and  comradeship; 
on  the  other  a  colored  *'  Loyal  League,"  made  up  in  the  majority  of 
discharged  colored  soldiers.  The  latter,  as  appears  from  manuscript 
reports  on  file  in  the  War  Department,  had  been  in  the  habit  of  march 
ing  about  the  outskirts  of  town  with  drum  and  life,  and  having  on  one 
or  more  of  such  occasions  been  annoyed  by  other  colored  men,  sev 
eral  of  the  members  had  armed  themselves  for  self- 
at  Franklin,  Tenn.,  protection.  On  the  afternoon  of  July  6  political 
meetings  had  been  held  b}^  both  the  radicals  and  con 
servatives,  the  " League"  attending  the  former  in  a  body.  There 
was  some  bad  feeling  created  by  the  attempt  of  a  colored  conservative 
to  speak  at  the  radical  meeting,  and  some  shots  had  been  fired  in  the  air. 
The  ' k  League  "  had  withdrawn  from  the  meeting  and  gone  to  a  grove 
some  distance  from  town.  While  they  were  absent  the  conservatives 
in  town  were  busy  in  collecting  arms  and  ammunition  and  promising 
the  "League"  a  warm  reception.  The  latter  marched  into  town  about 
half  past  8  in  the  evening,  and  as  they  turned  into  the  public  square 
they  were  met  by  a  volley  from  the  conservative,  party,  who  to  the 
number  of  some  25  to  30  were  in  position  behind  a  low  wall.  The  fire 
was  promptly  returned,  and  desultory  firing  continued  for  something 
over  an  hour.  On  the  side  of  the  conservatives  1  white  man  was 
killed,  6  whites  and  about  10  colored  men  wounded;  of  the  League,  27, 
possibly  30,  were  wounded.  There  was  no  appearance  of  the  police  at 
any  time  during  the  affray;  the  mayor  was  singularly  ignorant  of  its 
going  on,  although  residing  in  the  square.  Troops  were  hurried  to 
the  scene  from  Nashville  and  arrived  early  on  the  morning  of  the  7th, 
but  found  everything  quiet,  the  people  on  both  sides  regretful  of  the 
occurrence  and  anxious  that  the  troops  should  remain.  The  circuit 
court  met  at  Franklin  on  the  8th  and  the  matter  was  turned  over  to 
the  civil  authorities,  the  troops  withdrawing. n 

With  the  approach  of  the  municipal  elections  in  Memphis  and  Nash 
ville  there  were  indications  of  trouble,  and  as  a  precautionary  measure 
the  troops  were  so  disposed  as  to  be  readil}^  at  hand  should  riot  or 
violence  occur.  Differences  had  arisen  between  the  governor  and  the 
mayor  of  Nashville  as  to  who  were  qualified  voters,  and  who  the 
The  proper  authorities  to  appoint  the  officers  of  election. 

^eptembe?^!'11'    The  governor  threatened  to  call  upon  the 'militia  to 
sustain  his  appointees;   the  mayor  declared  that  the 
election  would  be  held  under  the  municipal  supervision  <;  unless  pre- 

"  Brevet  Maj.  Gen.  W.  P.  Carlinto  Commissioner  R.,  F.,  and  A.  L.,  July  15,  1867, 
622  Cumberland,  1867. 


THE    NASHVILLE,  TENN. ,   ELECTION,   SEPTEMBER   28,   1867.        115 

vented  by  the  military  power  of  the  United  States.""  The  governor 
followed  up  his  proclamation  by  calling-  out  the  entire  State  militia 
and  ordering  it  to  proceed  to  Nashville.  There  was  great  excitement 
and  both  parties  appealed  to  Washington.  As  a  result  the  following 
instructions  were  issued  on  the  24th  of  September: 

WASHINGTON,  I).  0.,  September  24,  1867  -3.30  p.  m. 
Maj.  Gen.  GEORGE  H.  THOMAS: 

The  mayor,  city  attorney,  and  common  council  of  Nashville  express  great  fear  of 
collision  at  time  of  charter  election  on  the  28th.  Go  to  Nashville  to-morrow,  to 
remain  until  after  election,  to  preserve  peace.  If  you  think  more  troops  necessary 
for  that  purpose  order  them  there  from  the  most  convenient  posts  in  your  command. 
The  military  can  not  set  up  to  be  the  judge  as  to  which  set  of  election  judges  have 
the  right  to  control,  hut  must  coiiiine  their  action  to  putting  down  hostile  mobs.  It 
is  hoped,  however,  by  seeing  the  governor  and  city  officials  here  referred  to,  your 
presence  and  advice  may  prevent  disturbances.  Please  keep  me  advised  of  condition 
of  affairs. 

U.  S.  GRANT, 

General. 

General  Thomas  proceeded  at  once  to  Nashville,  but  his  efforts  to 
bring  about  an  amicable  adjustment  of  the  difficulty  were  futile;  both 
parties  persisted  in  holding  their  election,  and  refused  any  compro 
mise.  He  accordingly  ordered  to  Nashville  all  the  troops  at  Louis 
ville,  Bowling  Green,  and  Franklin,  two  companies  from  Memphis, 
two  from  Paducah  and  Humboldt,  and  one  from  Union  City,  as  well 
as  Lieb's  troop  of  cavalry.  In  response  to  his  request  for  specific 
instructions,  General  Thomas  was  informed  on  the  26th  that  his  first 
duty  was  to  prevent  conflict: 

WASHINGTON,  13.  C.,  September  26,  1867 — op.  in. 
Maj.  Gen.  GEORGE  H.  THOMAS: 

I  neither  instruct  to  sustain  the  governor  or  mayor,  but  to  prevent  conflict.  The 
governor  is  the  only  authority  that  can  legally  demand  the  aid  of  United  States 
troops,  and  that  must  be  by  proclamation  declaring  invasion  or  insurrection  exists 
beyond  the  control  of  other  means  at  his  hands.  It  is  hoped  your  presence  and 
good  judgment  and  advice  will  prevent  conflict. 

U.  S.  GRANT, 

General. 

WASHINGTON,  D.  C. ,  September  26,  1867 — 4  p-  m. 
Maj.  Gen.  GEORGE  H.  THOMAS: 

You  are  to  prevent  conflict.  If  the  executive  of  the  State  issue  his  proclamation 
declaring  insurrection  or  invasion  to  exist  too  formidable  to  be  put  down  by  force 
at  his  own  command,  and  calls  upon  the  United  States  to  aid  him,  then  aid  will  have  to 
be  given.  Your  mission  is  to  preserve  peace,  and  not  to  take  sides  in  political  differ 
ence  until  called  out  in  accordance  with  law.  You  are  to  prevent  mobs  from  aiding 
either  party.  If  called  upon  legally  to  interfere,  your  duty  is  plain. 

U.  S.  GRANT, 

General. 


fl Proclamation  of  Governor  Browiiiow,  September  18,  1867;  Proclamation  Mayor 
W.  Matt  Brown,  September  24,  1867;  Papers  accompanying  Report  Secretary  of 
War,  1867,  p.  83. 


116  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

WASHINGTON,  D.  I1.,  September  &>,  1867 — .9;).  ?n. 
Maj.  Gen.  GEORGE  H.  THOMAS: 

I  will  send  you  further  instructions  to-inorrow.  Nothing  is  clearer,  however,  than 
that  the  military  can  not  be  made  use  of  to  defeat  the  executive  of  a  State  in  enforcing 
the  laws  of  the  State.  You  are  not  to  prevent  the  legal  State  force  from  the  execu 
tion  of  its  orders. 

U.  S.  GKANT, 

General. 

These  dispatches  were  shown  to  the  mayor,  but  the  latter  persisted 
in  his  former  decision,  that  unless  prevented  by  the  armed  interfer 
ence  of  the  Federal  troops  he  would  hold  the  election  tinder  the  city 
charter.  On  the  morning  of  the  28th,  the  day  of  election,  United 
States  troops  were  posted  at  every  polling-  precinct,  as,  under  the 
orders  of  the  governor,  were  al?o  detachments  of  the  State  militia, 
but  the  latter  almost  immediately  withdrew.  The  mayor  filed  a  pro 
test;  the  election  proceeded  without  disturbance,  and,  there  being  no 
further  excitement,  the  troops  returned  to  their  stations  on  the  29th. a 

The  beginning  of  the  }Tear  1868  was  approximately  the  date  for  the 

first  appearance  of  the  organization  of  restless,  reckless,  and  lawless 

spirits,  which,  under  various  names,  disguises,  and  appellations,  is  best 

known  under  the  generic  term  Ku-Klux-Klan.     The 

Ku-Kiuxe-Kian,  Confederate  general,  N.  B.  Forrest,  in  his  testimony 
before  the  Congressional  committee,6  fixes  the  earliest 
date  for  the  existence  of  this  organization  as  the  spring  of  1866,  and 
the  first  scene  of  its  operations  as  middle  Tennessee;  that  it  was  a  sort 
of  offset  to  the  "Loyal  Leagues;"  was  not  at  first  military  in  its  char 
acter,  and  had  no  political  purpose. 

Question.  You  mean  what  is  called  Ku-Klux? 

Answer.  Yes,  sir.  I  think  that  organization  arose  about  the  time  the  militia  were 
called  out,  and  Governor  Brownlow  issued  his  proclamation  stating  that  the  troops 
would  not  be  injured  for  what  they  should  do  to  rebels.  Such  a  proclamation  was 
issued.  There  was  a  great  deal  of  insecurity  felt  by  the  Southern  people.  There 
were  a  great  many  Northern  men  coming  down  there,  forming  leagues  all  over  the 
country.  The  negroes  were  holding  night  meetings;  were  going  about;  were  becom 
ing  very  insolent,  and  the  Southern  people  all  over  the  State  were  very  much 
alarmed.  I  think  many  of  the  organizations  did  not  have  any  name.  Parties 
organized  themselves  so  as  to  be  ready  in  case  they  were  attacked.  Ladies  were 
ravished  by  some  of  these  negroes,  who  were  tried  and  put  in  the  penitentiary,  but 
were  turned  out  in  a  few  days  afterwards.  There  was  a  great  deal  of  insecurity  in 
the  country,  and  I  think  this  organization  was  got  up  to  protect  the  weak,  with  no 
political  intention  at  all. 

The  earliest  official  report  of  the  existence  of  the  organization  as  a 
distinct  menace  to  the  peace  arid  good  order  of  the  community  was  in 
a  report  of  Major-General  Thomas,  who  commanded  the  Department 


«  Annual  Report  Major-General  Thomas,  with  accompanying  papers,  September  30, 
1867,  pp.  82-94. 

*  Testimony  of  Gen.  X.  B.  Forrest,  vol.  13,  p.  32.  (Senate  Report  No.  41,  Forty- 
second  Congress,  second  session. ) 


THE    KU-KLUX-KLAN,    1866-1872.  117 

of  the  Cumberland,  dated  October  1,  18<>S,  followed  a  few  days  later 
by  a  similar  report  from  Major-General  Reynolds,  commanding-  the 
Fifth  military  district  at  Austin,  Tex.,  and  by  Maj.  Gen.  O.  O.  How 
ard,  at  the  head  of  the  Freedmen's  Bureau.  General  Thomas  says: 

With  the  close  of  the  last  and  beginning  of  the  new  year  the  State  of  Tennessee 
was  disturbed  by  the  strange  operations  of  a  mysterious  organization  known  as  the 
Ku-Klux-Klan,  which  iirst  made  its  appearance  in  (files  County.  Within  a  few 
weeks  it  had  spread  over  a  great  part  of  the  State,  and  created  no  little  alarm. 
Accounts  of  it  from  many  sources  were  received  at  these  headquarters.  The  news 
papers  recognized  its  existence  by  publishing  articles  on  the  subject,  either  denun 
ciatory  or  with  an  attempt  to  break  its  proceedings  as  harmless  jokes,  according  to 
the  political  opinions  of  their  editors.  The  assistant  commissioner  of  the  Bureau  of 
Refugees,  Freedmen,  and  Abandoned  Lands  for  Tennessee  in  his  reports,  copies 
of  which  were  furnished  me,  narrated  many  of  the  proceedings  of  the  organization, 
wrhose  acts  were  shown  to  be  of  a  lawless  and  diabolical  nature.  Organized  compa 
nies  of  men,  mounted  and  armed,  horses  and  riders  being  disguised,  patrolled  the 
country,  making  demonstrations  calculated  to  frighten  quiet  citizens,  and  in  many 
instances  abused  and  outraged  them,  especially  that  class  of  colored  people  who  by 
their  energy,  industry,  and  good  conduct  are  most  prominent. 

I  did  not  think  it  necessary  to  take  any  action  011  the  information  furnished  until 
the  month  of  March,  when  a  member  of  the  legislature  of  Tennessee  sent  me  a  writ 
ten  statement  of  the  doings  of  this  organization,  saying  it  carried  terror  and  dismay 
throughout  the  country;  that  the  civil  authorities  were  powerless  and  appeared 
terror  struck;  that  his  own  life  was  threatened,  and  asked  if  something  could  not  be 
done  by  the  General  Government  to  protect  the  community;  if  not,  there  was  danger 
of  a  bloody  collision. 

The  cases  referred  to  by  General  Thomas  had  been  duly  forwarded 
by  him  to  the  General  in  chief  for  instructions,  with  the  remark  that 
"as  Tennessee  is  a  fully  constituted  State  1  consider  that  the  State 
authorities  should  deal  with  and  suppress  this  organization  of  lawless, 
desperate  men,  and  I  have  not  up  to  the  present  time  considered  myself 
authorized  to  take  active  measures  against  them/'  These  papers 
were  laid  before  the  President,  who  returned  them  with  the  following 
decision : 

The  Constitution  provides  that  the  United  States  shall  protect  each  State  "on 
application  of  the  legislature  or  the  executive  (when  the  legislature  can  not  be  con 
vened)  against  domestic  violence.  As  the  legislature  of  Tennessee  is  now  in  session, 
and  as  no  application  for  Federal  aid  has  been  received  from  that  body,  or  any  infor 
mation  communicated  by  the  governor  of  that  State,  it  is  not  at  this  time  deemed 
writhin  the  province  of  the  Executive  to  give  any  instructions  upon  the  subject  to 
which  these  papers  refer. 

The  publication  of  this  decision  seems  to  have  given  encouragement 
to  these  midnight  prowlers,  for  their  operations  which  were  hereto 
fore  limited  to  a  few  counties  in  middle  Tennessee  were  now  extended 
into  eastern  Tennessee,  North  Carolina,  and  Georgia,  and  almost  daily 
reports  were  received  of  their  outrages.  On  the  16th  of  April  Gover 
nor  Brownlow  called  for  troops  to  be  sent  to  Maury  County,  and  again 
in  June  the  disturbances  had  reached  such  a  degree  of  intolerance  that 
he  asked  for  troops  to  be  sent  to  eight  separate  points.  It  was  declared 


118  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

on  the  authority  of  General  Forrest  that  the  Ku-Klux-Klan  at  this 
time  numbered  40,000  members  in  Tennessee  alone.  As  every  available 
soldier  was  already  in  pursuit  of  these  ruffians  it  was  found  impossi 
ble  to  till  the  governor's  requisition.  The  latter  then  called  a  special 
session  of  the  legislature  and  laid  the  matter  before  them.  The  legis 
lature  passed  resolutions  calling  upon  the  Federal  Government  for 
troops  to  preserve  order  in  the  State  and  appointed  a  committee  to 
visit  Washington  and  lay  the  condition  of  att'airs  in  Tennessee  before 
the  President.  Assurances  were  given  this  committee  that  the  power 
of  the  United  States  would  be  employed  to  protect  the  State  against 
lawless  violence.  On  the  16th  of  September  Governor  Brownlow 
issued  a  proclamation  against  the  Ku-Klux-Klan,  in  which  he  announced 
his  purpose  "to  put  down  armed  marauders"  whatever  the  conse 
quences,  and  calling  upon  all  "good,  loyal,  and  patriotic  people,  white 
and  colored,  of  every  county  in  the  State  to  proceed  without  delay 
and  raise  companies  of  loyal  and  able-bodied  men'1  and  report  to  him 
at  Nashville.  A  second  proclamation  was  issued  on  the  20th  of  Janu 
ary,  1869,  as  follows: 

Whereas,  there  exists  in  middle  and  west  Tennessee  lawless  bands  who  set  at  defi 
ance  civil  law,  and  in  certain  localities  render  it  impossible  for  civil  officers  to  enforce 
the  laws  of  the  State;  and  whereas,  those  masked  villians,  called  Ku-Klux,  are  tak 
ing  prisoners  from  jails  and  hanging  them  without  trial,  and  are  abducting  passengers 
from  railroad  trains  and  notifying  conductors  of  Northern  birth  to  leave  the  State, 
thus  having  driven  four  conductors  from  one  road,  the  Decatur  and  Alabama  road; 
and  whereas,  certain  ambitious  men  have  made  incendiary  speeches,  advising  the 
overthrow  of  the  State  government,  thereby  encouraging  these  bands;  and  whereas, 
certain  rebel  newspapers  have  encouraged  these  men  by  denying  the  existence  of  the 
Ku-Klux  by  ridiculing  their  acts,  and  failing  to  condemn  them;  and  whereas,  the 
legislature  has  amended  the  militia  law  and  given  me  authority  to  meet  such  out 
rages:  Now,  therefore,  I,  William  G.  Brownlow,  governor  of  Tennessee,  do  call  upon 
all  good  and  loyal  citizens  to  enter  the  ranks  of  the  State  guards,  be  mustered  into 
service,  and  aid  in  suppressing  lawlessness.  Those  enrolling  in  east  Tennessee  will 
be  transported  to'Nashville  and  armed  and  placed  under  the  command  of  Gen.  James 
A.  Cooper. 

Another  proclamation  will  be  duly  issued  designating  the  counties  in  which  I  shall 
declare  martial  law,  the  effect  of  which  will  be  to  set  aside  civil  law  and  turn  over 
offenders  to  the  military  to  be  tried  and  punished  summarily.  These  outrages  have 
been  long  borne,  but  the  executive  is  not  to  be  cajoled  or  trifled  with.  The  citizens 
are  warned  against  harboring  any  Ku-Klux.  The  governor  will  make  the  guards 
numerous  and  effective  enough  to  make  middle  and  west  Tennessee  as  orderly  and 
quiet  as  east  Tennessee  is  to-day. 

In  testimony  whereof,  I  have  signed  the  foregoing  and  affix  the  great  seal  this  the 
20th  day  of  January,  1869. 

WILLIAM  G.  BROWNLOW. 

Governor  Brownlow  followed  this  up  by  calling  into  the  field  the 
entire  State  militia,  which  he  increased  by  active  recruiting  until  it  had 
reached  a  strength  of  1,600  men.  On  the  20th  of  February  he  declared 
martial  law  in  nine  counties,  and  by  pressing  this  policy  with  determi- 


RIOT    AT    LAURENS,   S.   C. ,    OCTOBER   20,   1870.  119 

nation  and  imposing  the  expense  on  the  counties,  succeeded  in  restor 
ing  order.  The  United  States  troops  were  not  further  called  upon  in 
Tennessee  and  the  Ku-Klux  operations  seem  to  have  ceased  as  suddenly 
and  mysteriously  as  they  were  commenced.  General  Forrest  claims  to 
have  disbanded  the  organization  in  1868,  but  his  control  seems  to  have 
been  confined  to  Tennessee  and  perhaps  Kentucky. 

From  Tennessee,  if  this  be  regarded  as  the  initial  point,  of  which 
there  is  reasonable  doubt,  the  organization  seems  to  have  passed  into 
Georgia.  Gen.  John  B.  Gordon,  who  admitted  that  he  refused  to 
become  its  head,  in  his  testimony  before  the  committee  (p.  308) 
remarked : 

We  were  afraid  to  have  a  public  organization,  because  we  supposed  it  would  be 
construed  at  once  by  the  authorities  at  Washington  as  an  organization  antagonistic 
to  the  Government  of  the  United  States.  It  was  therefore  necessary,  in  order  to 
protect  our  families  from  outrage  and  preserve  our  own  lives,  to  have  something  that 
we  could  regard  as  a  brotherhood — a  combination  of  the  best  men  of  the  country — 
to  act  purely  in  self-defense,  to  repel  the  attack  in  case  we  should  be  attacked  by 
these  people.  That  was  the  whole  object  of  this  organization.  I  never  heard  of 
any  disguises  connected  with  it;  we  had  none,  very  certainly.  This  organization  I 
think  extended  nearly  all  over  the  State.  It  was,  as  I  say,  an  organization  purely 
for  self-defense.  It  had  no  more  politics  in  it  than  the  organization  of  the  Masons. 
I  never  heard  the  idea  of  politics  suggested  in  connection  with  it. 

There  was  little  or  no  difference  in  the  operations  of  these  marauders 
in  Georgia,  North  Carolina,  Mississippi,  and  Alabama  from  the  methods 
that  were  followed  in  Tennessee.  Testimony  taken  by  the  committee 
covered  well-defined  outrages  in  24  counties  of  Georgia,  14  counties  in 
North  Carolina,  21  counties  in  Alabama,  18  counties  in  Mississippi.  In 
6  specified  counties  of  Alabama  the  total  number  of  proven  cases  of 
individual  violence  was  371,  of  which  33  were  murders;  in  4-  counties 
of  Mississippi  31  murders  were  committed  in  1868-69. 

There  is  abundant  evidence  on  file  in  the  War  Department  to  estab 
lish  these  facts  and  thousands  of  similar  ones.  The  number  of  proven 
outrages,  murders,  and  mutilations  committed  by  these  secret  organi 
zations  is  appalling. 

In  South  Carolina  the  operations  of  the  Ku-Klux,  which  had  ceased 
after  the  Presidential  election  of  1869,  were  renewed  in  1870.  Before 
the  election  of  that  year  Governor  Scott  had  organized  and  armed  a 
militia  composed  entirely  of  colored  men,  upon  the  plea  that  it  was 
necessary  that  they  should  protect  themselves  against  violence.  This 
action  was  most  offensive  to  the  whites,  and  was  resented  by  them  at 
every  opportunity.  Some  of  the  arms  belonging  to  this  colored 
militia  were  stored  at  the  town  of  Laurens,  where  repeated  encounters 
Riot  between  individual  blacks  and  whites  had  developed  a 

at  octobS?  20  °"  statc  ot>  feverish  excitement.  On  the  20th  of  October, 
1870,  an  altercation  between  two  men  of  opposite  opin 
ions  occurred  in  the  public  square  at  Laurens;  several  colored  men 


120  FEDERAL    AID    TN    DOMESTIC    DISTURBANCES. 

rushed  to  the  armory,  evidently  to  procure  arms;  they  were  followed 
by  a  party  of  whites,  armed  with  pistols;  firing1  commenced  on  both 
sides,  and  a  riot  ensued.  This  was  about  noon.  Within  an  hour  or 
two  armed  white  men  commenced  to  pour  into  Laurens  from  the  sur 
rounding  country,  and  by  midnight  fully  2,500  strangers  were  in 
town.  The  riot  commenced  in  Laurens,  extended  into  the  county 
within  a  radius  of  many  miles,  and  continued  until  the  night  of  the 
21st,  by  which  time  13  men  had  been  killed  and  several  hundred 
wounded.  There  is  nothing  to  connect  this  affair  with  the  Ku-Klux 
organizations,  but  the  testimony  showed  that  almost  immediately  after 
the  Laurens  riot  the  Ku-Klux  appeared  in  several  places  in  the  State, 
and  that  for  the  following  twelve  months  their  midnight  operations 
\vere  quite  unrestrained.  It  was  shown  that  in  Spartanburg  County 
alone  227  persons  were  whipped,  maimed,  killed,  or  otherwise  mal 
treated;  that  hundreds  of  persons  slept  in  the  woods  all  winter  under 
fear  of  these  raiders." 

On  the  31st  of  December,  1870,  a  company  of  negro  militia  left 
Unionville,  Union  County,  ostensibly  for  drill;  the  real  purpose  of 
their  march  is  not  clear.  On  their  way  they  met  a  white  wagoner 
who  had  been  a  Confederate  soldier,  whom  they  abused,  and,  on  his 
resisting,  chased  and  killed  him.  The  Congressional  committee  char 
acterized  the  murder  as  cruel  and  unprovoked.  This  excited  intense 
feeling  in  Unionville,  and  the  citizens  determined  to  disarm  the  militia 
company.  On  the  1st  of  January,  1871,  several  of  the  negroes  who 
participated  in  the  shooting  were  arrested  and  lodged  in  the  jail. 
Riot  at  Three  days  later  a  party  of  undisguised  Ku-Klux  rode 

i:njarmary  ri  °''  m^°  town,  surrounded  the  jail,  took  out  five  prisoners, 
shot  two  of  them;  the  others  escaped.  They  were 
recaptured,  and,  with  seven  or  eight  others,  again  lodged  in  the  jail, 
where  they  remained  until  the  12th,  when  another  body  of  armed  and 
disguised  Ku-Klux,  variously  estimated  at  from  400  to  800,  came  into 
Unionville,  took  possession  of  the  jail,  took  out  eight  of  the  prisoners 
and  hung  them.  In  Chester,  Fairfield,  and  York  counties  the  same 
state  of  affairs  existed  as  in  Union  and  Spartanburg.  Murders,  whip 
pings,  and  intimidations  followed  each  other  until,  in  response  to  a 
call  from  the  governor,  United  States  troops  were  sent  to  Yorkville. 
On  the  night  preceding  their  arrival  the  Ku-Klux  raided  the  county 
treasury,  and,  being  advised  of  the  coming  of  the  troops,  tore  up  the 
railway  track  to  obstruct  their  passage.  The  commanding  officer  of 
these  troops  reported  a  few  days  later: 

From  the  best  information  I  can  get,  I  estimate  the  number  of  cases  of  whipping, 
beating,  and  personal  violence  of  various  grades,  in  this  county,  since  the  1st  of  last 
November,  at  between  300  and  400,  excluding  numerous  minor  cases  of  threats, 

"Vol.  2,  pp.  1H05-1819;  Senate  Report  No.  41,  Forty-second  Congress,  second 
session. 


RIOT    AT    UNIONVILLE,   S.   C. ,   JANUARY    12,   1871.  121 

intimidation,  abuse,  and  small  personal  violence,  as  knocking  down  with  a  pistol  or 
gun,  etc.  The  more  serious  outrages,  exclusive  of  murders  and  whippings,  noted 
hereafter. 

The  result  of  these  persistent  outrages,  and  the  repeated  calls  of 
the  civil  authorities  for  aid,  Avas  the  act  of  Congress  approved  April 
20,  1871  (IT  Stat.  L.,  13),  entitled  "An  act  to  enforce  the  provisions 
of  the  fourteenth  amendment  to  the  Constitution  of  the  United  States, 
and  for  other  purposes,"  which,  after  prescribing  the  penalty  for  con 
spiring  by  force  to  put  down  the  Government,  or  to  hinder  the  execu 
tion  of  any  law,  or  for  going  in  disguise  upon  the  public  highway, 
etc.,  goes  on  to  say: 

SEC.  3.  That  in  all  cases  where  insurrection,  domestic  violence,  unlawful  combina 
tions,  or  conspiracies  in  any  State  shall  so  obstruct  or  hinder  the  execution  of  the 
laws  thereof,  and  of  the  United  States,  as  to  deprive  any  portion  or  class  of  the  peo 
ple  of  such  State  of  any  of  the  rights,  privileges,  or  immunities,  or  protection,  named 
in  the  Constitution  and  secured  by  this  act,  and  the  constituted  authorities  of  such 
State  shall  either  be  unable  to  protect,  or  shall,  from  any  cause,  fail  in  or  refuse  pro 
tection  of  the  people  in  such  rights,  such  facts  shall  be  deemed  a  denial  by  such 
State  of  the  equal  protection  of  the  laws  to  which  they  are  entitled  under  the  Con 
stitution  of  the  United  States;  and  in  all  such  cases,  or  whenever  any  such  insurrec 
tion,  violence,  unlawful  combination,  or  conspiracy  shall  oppose  or  obstruct  the 
laws  of  the  United  States,  or  the  due  execution  thereof,  or  impede  or  obstruct  the 
due  course  cf  justice  under  the  same,  it  shall  be  lawful  for  the  President,  and  it  shall 
be  his  duty  to  take  such  measures,  by  the  employment  of  the  militia  or  the  land  and 
naval  forces  of  the  United  States,  or  of  either,  or  by  other  means,  as  he  may  deem 
necessary  for  the  suppression  of  such  insurrection,  domestic  violence,  or  combina 
tions;  and  any  person  who  shall  be  arrested  under  the  provisions  of  this  and  the 
preceding  section  shall  be  delivered  to  the  marshal  of  the  proper  district,  to  be  dealt 
with  according  to  law. 

SEC.  4.  That  whenever  in  any  State  or  part  of  a  State  the  unlawful  combinations 
named  in  the  preceding  section  of  this  act  shall  be  organized  and  armed,  and  so 
numerous  and  powerful  as  to  be  able,  by  violence,  to  either  overthrow  or  set  at  defi 
ance  the  constituted  authorities  of  such  State,  and  of  the  United  States  within  such 
State,  or  when  the  constituted  authorities  are  in  complicity  with,  or  shall  connive  at, 
the  unlawful  purposes  of  such  powerful  and  armed  combinations;  and  whenever,  by 
reason  of  either  or  all  of  the  causes  aforesaid,  the  conviction  of  such  offenders  and 
the  preservation  of  the  public  safety  shall  become  in  such  district  impracticable,  in 
every  such  case  such  combinations  shall  be  deemed  a  rebellion  against  the  Govern 
ment  of  the  United  States,  and  during  the  continuance  of  such  rebellion,  and  within 
the  limits  of  the  district  which  shall  be  so  under  the  sway  thereof,  such  limits  to  be 
prescribed  by  proclamation,  it  shall  be  lawful  for  the  President  of  the  United  States, 
when  in  his  judgment  the  public  safety  shall  require  it,  to  suspend  the  privileges  of 
the  writ  of  habeas  corpus,  to  the  end  that  such  rebellion  may  be  overthrown :  Pro 
vided,  That  all  the  provisions  of  the  second  section  of  an  act  entitled  '  'An  act  relat 
ing  to  habeas  corpus,  and  regulating  judicial  proceedings  in  certain  cases,"  approved 
March  third,  eighteen  hundred  and  sixty-three,  which  relate  to  the  discharge  of 
prisoners  other  than  prisoners  of  war,  and  to  the  penalty  for  refusing  to  obey  the 
order  of  the  court,  shall  be  in  full  force  so  far  as  the  same  are  applicable  to  the  pro 
visions  of  this  section:  Provided  further,  That  the  President  shall  first  have  made 
proclamation,  as  now  provided  by  law,  commanding  such  insurgents  to  disperse: 
And  provided  <iko,  That  the  provisions  of  this  section  shall  not  be  in  force  after  the 
end  of  the  next  regular  session  of  Congress. 


122  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

This  was  followed  on  the  8d  of  May,  1871,  by  a  proclamation  by 
the  President,  in  which  he  exhorted  the  people  of  those  parts  of  the 
land  which  was  lately  the  theater  of  insurrection  and  military  conflict 
to  suppress  all  such  combinations  by  their  own  voluntary  efforts,  and 
warning  them  that  their  failure  so  to  do  will  "impose  upon  the 
National  Government  the  duty  of  putting  forth  all  its  energies  for  the 
protection  of  its  citizens  of  every  race  and  color,  and  for  the  restora 
tion  of  peace  and  order  throughout  the  entire  country."  This  failing 
of  its  desired  effect  a  second  proclamation  wras  issued  October  12, 
naming  the  counties  of  Spartanburg,  York,  Marion,  Chester,  Laurens, 
Newberry,  Fail-field,  Lancaster,  and  Chesterfield,  all  in  South  Car 
olina,  as  places  where  organized  and  armed  combinations  and  con 
spiracies  exist  so  numerous  and  powerful  as  to  be  able  to  defy  the 
constituted  authorities,  and  concluding  as  follows: 

Now,  therefore,  I,  Ulysses  S.  Grant,  President  of  the  United  States  of  America, 
do  hereby  command  all  persons  composing  the  unlawful  combinations  and  conspira 
cies  aforesaid  to  disperse  and  to  retire  peaceably  to  their  homes  within  five  days  of 
the  date  hereof,  and  to  deliver,  either  to  the  marshal  of  the  United  States  for  the 
district  of  South  Carolina,  or  to  any  of  his  deputies,  or  to  any  military  officer  of  the 
United  States  within  said  counties,  all  arms,  ammunition,  uniforms,  disguises,  and 
other  means  and  implements  used,  kept,  possessed,  or  controlled  by  them  for  car 
rying  out  the  unlawful  purposes  for  which  the  combinations  and  conspiracies  are 
organized/' 

The  five  days  having  expired,  and  the  insurgents  engaged  in  these 
combinations  having  failed  to  disperse,  the  President  next  suspended 
the  writ  of  habeas  corpus  in  the  said  counties,^  and  strengthened  the 
Federal  troops  by  the  addition  of  every  available  man  from  the  adjoin 
ing  military  departments.  Troops  were  stationed  at  Charleston, 
Columbia,  Chester,  Yorkville,  Spartanburg,  Newberry,  Unionville, 
and  Sumter,  and  numerous  other  points;  all  persons  known  or  sus 
pected  to  be  connected  with  the  Ku-Klux-Klan  were  pursued  and 
arrested.  Upward  of  600  arrests  were  made  up  to  January  1,  1872. 
A  supplementary  proclamation  excepted  Marion  from  the  list  of  coun 
ties  in  which  insurrection  existed,  and  the  county  of  Union  was  added 
to  the  number;  the  trials  took  place  in  the  United  States  court  at 
Columbia,  and  large  numbers  of  the  accused  were  convicted,  heavily 
fined,  or  imprisoned. 

It  is  not  to  be  understood  that  all  the  disorders  in  the  southern  tier 
of  States  during  this  period  are  to  be  charged  to  the  account  of  the 
Ku-Klux  organization.  In  some  of  the  States  the  brotherhood  had 
no  recognized  footing,  and  many  disturbances  set  down  to  their 
account  were  brought  about  by  causes  totally  different.  Of  such 
nature  were  the  disturbances  at  Augusta,  Ga.,  in  July,  1868.  The 

"17  Stat.  L.,  949-950.  M7  Stat,  L.,  952,  95.3,  954. 


DISORDERS    IN    GULF    STATES,   1868.  123 

municipal  officers  had  been  military  appointees,  and  on  the  restoration 
of  the  State  to  its  former  political  status,  it  was 
in  Guf/states,  claimed  by  the  opposition  that  all  military  authority 
having  ceased  those  officials  who  derived  their  powers 
solely  from  the  military  were  functus  officio.  Refusing  to  vacate 
they  were  threatened  with  summary  ejection,  and  an  organization  for 
this  purpose  was  put  on  foot.  The  mayor  and  his  associates  appealed 
to  the  governor,  and  the  latter  called  upon  United  States  troops  for 
assistance.  General  Meade  referred  him  to  Washington,  and  the 
President  upon  the  ground  of  informality  in  the  call  declined  to  inter 
fere.  On  the  4th  of  August  a  similar  request  was  received  from  the 
mayor  and  council  of  Montgomery,  Ala.,  and  the  governor  in  trans 
mitting  the  request  remarked  that  until  the  State  could  pass  a  militia 
law  it  was  expected  that  United  States  troops  would  be  permitted  to 
lend  their  moral  support  for  the  preservation  of  the  peace.  On  the. 
12th  of  that  month  another  application  came  from  Florida,  followed  on 
the  29th  of  September  by  a  call  from  the  governor  of  South  Carolina, 
and  on  the  7th  of  October  from  the,  governor  of  North  Carolina/'  To 
all  of  these,  reply  was  made  that  the  several  State  governments  must 
first  exhaust  all  their  resources;  that  whenever  their  attempts  to 
execute  the  laws  met  with  greater  resistance  than  they  could  overcome 
the  General  Government  would  come  to  their  assistance,  but  that  until 
that  point  had  been  reached,  the  United  States  under  existing  laws  was 
powerless  to  aid  them.6 

In  harmony  with  these  instructions  are  those  of  Mr.  Attorney- 
General  Evarts  in  his  letter  of  August  20,  1868,  to  the  United  States 
marshal  of  the  northern  district  of  Florida/'  The  marshal  had 
requested  that  instructions  be  given  to  the  military  commander  in 
Florida  to  aid  him  when  necessary.  To  this  Mr.  Evarts  replied  in 
part: 

The  27th  section  of  the  judiciary  act  of  1789  establishes  the  office  of  marshal,  and 
names  among  his  duties  and  powers  the  following:  "And  to  execute  throughout  the 
district  all  lawful  precepts  directed  to  him,  and  issued  under  the  authority  of  the 
United  States,  and  he  shall  have  power  to  command  all  necessary  assistance  in 
the  execution  of  his  duty,  and  to  appoint,  as  there  may  be  occasion,  one  or  more 
deputies."  (1  Stat.,  p.  87.) 

You  will  observe  from  this  that  the  only  measure  of  the  assistance  which  you  have 
power  to  command  is  its  necessity  for  the  execution  of  your  duty,  and  upon  your 
discreet  judgment  under  your  official  responsibility,  the  law  reposes  the  determina 
tion  of  what  force  each  particular  necessity  requires.  This  power  of  the  marshal  is 
equivalent  to  that  of  a  sheriff,  and,  with  either,  embraces,  as  a  resort  in  necessity, 

«See  also  43  V,  A.  G.  0.,  1870;  1240,  A.  G.  O.,  1870;  1751,  A.  G.  O.,  1871;  506, 
A.  G.  O.,  1871;  60,  A.  G.  O.,  1871. 

^375  A,  A.  G.  O.,  1868,  and  accompanying  papers. 

published  in  General  Orders,  No.  96,  A.  G.  ().,  September  7,  1876. 


124  FEDERAL    AID    I^T    DOMESTIC    DISTURBANCES. 

the  whole  power  of  the  precinct  (county  or  district )  over  \vhich  the  officer's  author 
ity  extends.  In  defining  this  power,  Attorney-General  dishing — and,  as  I  under 
stand  the  subject,  correctly — says  it  "comprises  every  person  in  the  district  or 
county  above  the  age  of  15  years,  whether  civilians  or  not,  and  including  the  mili 
tary  of  all  denominations — militia,  soldiers,  marines — all  of  whom  are  alike  bound  to 
obey  the  commands  of  a  sheriff  or  marshal." 

While,  however,  the  law  gives  you  this  "power  to  command  all  necessary  assist 
ance,"  and  the  military  within  your  district  are  not  exempt  from  obligation  to  obey, 
in  common  with  all  the  citizens,  your  summons  in  case  of  necessity,  you  will  be 
particular  to  observe  that  this  high  and  responsible  authority  is  given  to  the  marshal 
only  in  aid  of  his  duty  "to  execute  throughout  the  district  all  lawful  precepts 
directed  to  him,  and  issued  under  the  authority  of  the  United  States, "'and  only  in  case 
of  necessity  for  this  extraordinary  aid.  The  military  persons  obeying  this  summons 
of  the  marshal  will  act  in  subordination  and  obedience  to  the  civil  officer,  the 
marshal,  in  whose  aid  in  the  execution  of  process  they  are  called,  and  only  to  the 
effect  of  securing  its  execution.0 

This  special  duty  and  authority' in  the  execution  of  process  issued  to  you  must  not 
be  confounded  with  the  duty  and  authority  of  suppressing  disorder  and  preserving 
the  peace,  which,  under  our  Government,  belongs  to  the  civil  authorities  of  the 
States,  and  not  to  the  civil  authorities  of  the  United  States  Xor  are  this  special 
duty  and  authority  of  the  marshal,  in  executing  process  issued  to  him,  to  be  con 
founded  with  the  authority  and  duty  of  the  President  of  the  United  States,  in  the 
specific  cases  of  the  Constitution  and  under  the  regulations  of  the  statutes,  to  protect 
the  States  against  domestic  violence,  or  with  his  authority  and  duty,  under  special 
statutes  to  employ  military  force  in  subduing  combinations  in  resistance  to  the  laws 
of  the  United  States.  For  neither  of  these  duties  or  authorities  is  shared  by  the 
subordinate  officers  of  the  Government,  except  when  and  as  the  same  may  be  spe 
cifically  communicated  to  them  by  the  President. 

I  have,  thus,  called  your  attention  to  the  general  considerations  bearing  upon  the 
subject  to  which  your  letter  refers,  for  the  purpose  of  securing  a  due  observance  of 
the  limits  of  your  duty  and  authority  in  connection  therewith.  Nothing  can  be  less 
in  accordance  with  the  nature  of  our  Government  or  the  disposition  of  our  people 
than  a  frequent  or  ready  resort  to  military  aid  in  execution  of  the  duties  confided  to 
civil  officers.  Courage,  vigor,  and  intrepidity  are  appropriate  qualities  for  the  civil 
service  which  the  marshals  of  the  United  States  are  expected  to  perform,  and  a  rein 
forcement  of  their  power  by  extraordinary  means  is  permitted  by  the  law  only  in 
extraordinary  emergencies. 

If  it  shall  be  thought  that  any  occasion,  at  any  time,  exists  for  instructions  to  the 
military  authorities  of  the  United  States,  within  any  of  the  States,  in  connection 
with  the  execution  of  process  of  the  courts  of  the  United  States,  these  instructions 
will  be  in  accordance  with  the  exigency  then  appearing. 
I  am,  sir,  very  respectfully,  your  obedient  servant, 

WM.  M.  EVARTS, 

Attorney-  General. 

While  the  Ku-Klux  movement  is  not  known  to  have  reached  Arkan 
sas,  there  were  serious  and  disgraceful  disturbances  in  various  parts 

«But  see  to  the  contrary  Mr.  Attorney-General  Devens  (16  Opin.,  162),  as  well  as 
the  fifteenth  section  of  the  act  of  June  18,  1878:  "From  and  after  the  passage  of 
this  act  it  shall  not  be  lawful  to  employ  any  part  of  the  Army  of  the  United  States  as 
a  posse  comitatus,  or  otherwise,  for  the  purpose  of  executing  the  laws,  except  in 
such  cases  and  under  such  circumstances  as  such  employment  of  said  force  may  be 
expressly  authorized  by  the  Constitution  or  by  act  of  Congress." 


LAWLESSNESS    IN    ARKANSAS,   1868.  125 

of  the  State  through  much  of  the  year  1868.     Especially  was  this  the 

case  in  the  counties  of  Conway,  Perry,  and  Columbia,  where  the  law 

was  openly  defied,  court  officials  driven  from  their 

Lawlessness  -,  ...  -,     ,-,  -,• 

m  Arkansas,  seats,  and  enormities  perpetrated  that  were  disgrace 
ful  to  the  name  of  humanity.  These  counties  were  in 
open  and  defiant  rebellion  against  the  laws  of  the  State;  the  courts  of 
justice  were  broken  up,  and  the  civil  authorities  overpowered  by 
bodies  of  armed  men  who  rode  about  the  country  driving  peaceable 
citizens  from  their  homes,  burning  their  houses  and  crops,  and  destroy 
ing  all  they  were  unable  to  carry  away.  In  Perry  County  several 
men  were  assassinated;  hundreds  shot  at  and  wounded.  In  this  emer 
gency  the  legislature  authorized  the  enrollment  of  a  militia,  which  was 
set  immediately  on  foot  and  rapidly  proceeded  with,  until  a  force  of 
some  1,500  had  been  raised  and  organized.  On  the  27th  of  August, 
1808,  the  governor  issued  a  proclamation  reciting  the  facts  as  above 
stated,  and  concluding  as  follows: 

Now,  therefore,  I,  Powell  Clayton,  governor  of  the  State  of  Arkansas,  do  hereby 
enjoin  upon  all  persons  within  said  State  to  keep  the  peace,  and  command  all  bodies 
of  armed  men  (not  organized  in  pursuance  of  the  laws  of  the  State,  or  of  the  United 
States)  to  immediately  disperse  and  return  to  their  homes. 

I  do  furthermore  make  known  that  I  shall  at  once  cause  to  be  enrolled  and  organ 
ized  the  reserve  militia  in  pursuance  of  said  act,  and  shall  use,  as  far  as  may  be 
necessary,  all  the  power  and  authority  vested  in  me  by  the  constitution  and  laws  of 
the  State  of  Arkansas  to  preserve  order,  enforce  the  law,  and  protect  the  lives  and 
property  of  every  person  within  the  State. 

Contrary  to  expectations,  the  appearance  of  the  militia  in  the  field 
did  not  put  an  end  to  the  disorders  in  the  infected  district;  they 
increased  in  frequency  and  in  extent  of  territory,  so  that  on  the  9th  of 
November  the  governor  placed  the  ten  counties  of  Ashley,  Bradley, 
Columbia,  Lafayette,  Mississippi,  Woodruff,  Craighead,  Greene, 
Sevier,  and  Little  River  under  martial  law.  To  the  determination 
and  energy  of  the  governor,  and  to  his  vigorous  execution  of  this 
measure,  which  was  sustained  by  a  formal  act  of  the  legislature  and 
which  made  repeated  appropriations  to  pay  the  militia  thus  called  into 
the  field,  is  due  the  ultimate  suppression  of  these  disgraceful  disorders. 
There  was  much  complaint  from  the  residents  of  the  counties  under 
martial  law,  who  suffered  heavy  losses  both  from  the  insurgents  and 
the  militia,  and  it  is  believed  that  this  fact  had  no  insignificant  bearing 
upon  the  final  termination  of  the  troubles.  At  mass  meetings  held  in 
the  ten  counties  men  of  both  political  parties  joined  in  condemnation  of 
these  violations  of  law,  engaged  to  keep  the  peace  themselves,  and  to 
cause  others  to  keep  it.  The  United  States  troops  were  stationed  at 
various  points  in  the  State  during  this  period — at  Little  Rock,  Pine 
Bluff,  Batesville,  Fort  Smith,  Camden,  Washington,  Madison,  Dover, 
and  Fa3Tetteville — and  by  their  presence  contributed  to  a  suppression 
of  the  insurrection,  but  were  not  called  upon  for  active  service.  On 


12(5  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

March  22,  1869,  the  governor  announced  that  the  insurrection  having 
been  suppressed,  martial  law  would  cease  throughout  the  State/' 

The  constant  friction  between  men  of  opposite  political  sentiments 
in  the  years  following  the  close  of  the  war  was  the  apparent  reason 
for  the  formation  of  political  clubs,  armed,  drilled,  and  sometimes 
uniformed,  in  nearly  all  of  the  Southern  States.  Constant  apprehen 
sions  of  collision  between  those  bodies  of  men  induced  the  legislature 
of  Georgia  in  1868  to  empower  the  governor  to  prohibit  them.  This 
he  did  by  a  proclamation,  dated  September  1-1  of  that  year,  in  which 
he  declared  that  uno  authority  has  been  granted  bv  the  executive  for 
the  formation  of  armed  or  unarmed  organizations  of  any  kind  or  char 
acter;  that  the  drilling  or  exercising  in  military  tactics,  with  arms,  of 
any  organized  body  of  men  within  the  State,  except  the  Army  of  the 
United  States,  is  unauthorized,  unlawful,  and  against  the  peace  and 
good  order  of  the  State  and  must  be  immediately  suspended."6 
About  the  time  of  the  appearance  of  this  proclamation  a  mass  meeting 
Riot  of  Republicans  was  called  at  the  village  of  Camilla,  in 

^e^teSberS ''  Mitchell  County,  and  was  attended  by  marching  clubs 
of  negroes  from  the  surrounding  country.  A  proces 
sion  of  some  three  hundred,  a  majority  carrying  guns  and  pistols, 
marched  from  Alban}T  toward  Camilla;  they  were  met  just  outside  the 
town  by  the  sheriff,  Avho  told  them  of  the  proclamation  and  endeavored 
to  persuade  them  to  return  or  to  lay  aside  their  weapons.  The  negroes 
refused  and  the  sheriff  returned  to  the  town  and  summoned  a  posse. 
On  the  arrival  of  the  procession  a  conflict  ensued  in  which  eight  or 
nine  were  killed  and  twenty  or  thirty  wounded.  The  governor  at 
once  communicated  the  facts  to  the  legislature  and  recommended  that 
the  Federal  Government  be  called  upon  for  troops  to  be  stationed  in 
Mitchell  County.  A  committee  of  the  legislature  visited  the  section, 
decided  that  the  civil  authorities  were  fully  able  to  preserve  order, 
and  reported  that  there  was  no  necessity  for  military  interference. 
General  Meade,  in  reporting  this  affair,  concurred  with  the  committee, 
but  later  sent  a  company  of  infantiy  to  AlbamT,  and  others  to  Colum 
bus,  Macon,  Augusta,  Washington,  Americus,  Thomasville,  and  others, 
with  the"  following  instructions  to  their  commanding  officers.  As  a 
consequence  the  elections  passed  off  without  serious  disturbance: 

They  will  impress  on  post  commanders  that  they  are  to  act  in  aid  of  and  coopera 
tion  with,  and  insubordination  to,  the  civil  authorities;  that  they  are  to  exercise  dis 
cretion  and  judgment,  unbiased  by  political  or  other  prejudices;  that  their  object 
should  be  exclusively  to  preserve  the  peace  and  uphold  law  and  order,  and  they 
must  be  satisfied  such  is  the  object  of  the  civil  officer  calling  on  them  for  aid;  that 
they  must  in  all  cases,  where  time  will  permit,  apply  for  instruction  to  superior 


"Reports,  Brevet  Major-General  Rousseau,  Brevet  Major-General  Smith,  Brevet 
Major-General  Gillam,  to  Adjutant-General,  1868-1869. 

^  Proclamation  of  Governor  R.  B.  Bulloch,  September  14,  1868. 


LAWLESSNESS    IN    TEXAS,   1868-1870.  127 

author!!}',  but  they  must  at  all  hazards  preserve  the  peace,  and  not  be  restrained  by 
technical  points  when,  in  their  conscientious  judgment  under  the  rules  above  set 
forth,  it  is  their  duty  to  act.  Post  commanders,  on  being  notified  of  the  proposed 
holding  of  political  meetings,  may  send  an  officer,  and  if  necessary,  a  detachment,  to 
watch  the  proceedings  and  see  that  the  peace  is  preserved.  ^ 

It  is  believed  that  the  condition  of  lawlessness  that  prevailed  in 
Texas  from  the  close  of  the  war  of  the  rebellion  up  to  the  readmission 
of  the  State  in  1870,  and  for  some  years  later,  was  due  to  a  variety  of 
causes  not  altogether  political.  "It  is  safe  to  say,"  reports  Mr. 
Evans,  the  United  States  attorney  for  the  western  district  of  Texas, 
to  the  Attorney-General,  under  date  of  March  2,  1876,  "  that  in  Texas, 
with  a  population  of  1,000,000,  there  are  3  men  killed  each  day, 
amounting  to  1,095  per  year.  One-fourth  of  these  or  more,  are 
negroes,  and  killed  mostly  from  political  hatred  to 
the  race.'-6  In  his  annual  report  for  November  4, 


1868,  General  Reynolds,  the  military  commander,  had 
remarked  that: 


Armed  organizations,  generally  known  as  "  Ku-Klux-Klaiis,"  exist  independently 
or  in  concert  with  other  armed  bands  in  many  parts  of  Texas,  but  are  most  numer 
ous,  bold,  and  aggressive  east  of  Trinity  Eiver. 

The  precise  objects  of  the  organizations  can  not  be  readily  explained,  but  seems 
in  this  State  to  be  to  disarm,  rob,  and  in  many  cases  murder  Union  men  and  negroes, 
and,  as  occasion  may  offer,  murder  United  States  officers  and  soldiers;  also  to  intimi 
date  everyone  who  knows  anything  of  the  organization,  but  who  will  not  join  it. 
#*##•£#  * 

The  murder  of  negroes  is  so  common  as  to  render  it  impossible  to  keep  an  accurate 
account  of  them. 

Many  of  the  members  of  these  bands  of  outlaws  are  transient  persons  in  the  State, 
the  absence  of  railroads  and  telegraphs  and  great  length  of  time  required  to  commu 
nicate  between  remote  points  facilitating  their  devilish  purposes. 

These  organizations  are  evidently  countenanced,  or  at  least  not  discouraged,  by  a 
majority  of  the  white  people  in  the  counties  where  the  bands  are  most  numerous. 
They  could  not  otherwise  exist. 

I  have  given  this  matter  close  attention,  and  am  satisfied  that  a  remedy  to  be 
effective  must  be  gradually  applied  and  continued  with  the  firm  support  of  the  army 
until  these  outlaws  are  punished  or  dispersed. 

#  #  -if  •*  #  #  # 

Free  speech  and  a  free  press,  as  the  terms  are  generally  understood  in  other  States, 
have  never  existed  in  Texas.  In  fact,  the  citizens  of  other  States  can  not  appreciate 
the  state  of  affairs  in  Texas  without  actually  experiencing  it.  The  official  reports  of 
lawlessness  and  crime,  so  far  from  being  exaggerated,  do  not  tell  the  whole  truth. 

And  in  his  report  for  October  24,  1869,  he  said  that  "the  number 
of  murders  in  the  State  during  the  nine  months  from  January  1,  1869, 
to  September  30,  1869,  according  to  the  official  records,  necessarily 


"General  Meade  to  Adjutant-General,   October  8,  1868;  General  Orders,  No.  27, 
Department  of  the  South,  1868. 

&H.  K.  Ex.  Doc.  30,  .Forty-fourth  Congress,  second  session,  p.  139. 


128  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

imperfect,  is  384,  being  an  average  of  about  one  and  a  half  per  day." 
To  similar  import  is  a  report  made  by  a  special  committee  of  the  con 
stitutional  convention  on  the  30th  of  June,  1808,  which  states  that 
about  900  murders  had  been  committed  in  the  State  since  the  close  of 
the  war;  of  those,  30-t  had  been  perpetrated  since  January  1,  1869. 
The  reason  for  this,  as  viewed  from  another  standpoint,  is  expressed 
in  a  report  made  by  a  special  committee  on  "crime  and  lawlessness," 
appointed  by  a  Democratic  convention  which  met  on  the  6th  of  July, 
1868: 

1.  The  "general  demoralization  resulting  from  the  war,  and  the  absence  of  any 
government,  civil  or  military,  for  several  months  after  the  conclusion  of  the  war,  and 
the  sudden  disbandment  of  a  large  number  of  Federal  and  Confederate  soldiery  who 
were  thus  released  from  military  restraint  at  a  time  when  the  checks  of  civil  law 
were  also  wanting;"  2.  The  "disorders  had  been  increased  in  many  localities  by 
taking  the  execution  of  the  laws  from  the  civil  authorities  without  replacing  them 
by  any  other  power;"  3.  The  "inefficiency  of  judicial  and  ministerial  officers 
appointed  by  the  military  authorities;"  and,  4.  The  "changed  condition  of  society 
resulting  from  the  emancipation  of  the  negroes,  the  indolent  habits  and  thievish  dis 
position  evinced  by  them,  and  the  turbulent  spirit  which  they  have  manifested, 
instigated  by  bad  and  designing  men,  and  in  many  instances  supported  by  the  offi 
cers  of  the  Freedmen's  Bureau." 

To  this  explanation  of  the  existing  conditions  it  m&y  be  stated  that 
while  this  committee  was  in  pursuit  of  its  investigation  a  rumor  was 
being  circulated  among  the  negroes  in  the  valley  of  the  Brazos  that  a 

colored  man  had  been  lynched  by  a  body  of  white  men 
at  Miiiican,  Tex.,  and  his  body  left  hanging  by  the  wayside.  An  armed 

band  of  negroes  was  hastil}T  assembled  near  Miiiican 
under  the  leadership  of  an  itinerant  minister  and  marched  to  the  town, 
intending  ''vengeance  on  the  lynchers."  *  On -their  way  they  encoun 
tered  the  sheriff'  with  a  posse.  Both  parties  commenced  firing,  and 
when  the  affray  was  over  some  20  colored  people  and  1  whites 
had  been  killed  and  several  times  as  many  wounded."  This  is  a  fail- 
example  of  the  incidents  of  reconstruction  in  Texas  as  reported  by  the 
military  commander  from  time  to  time.  The  immense  territory  cov 
ered  by  the  State  and  the  long  extent  of  frontier  necessitated  the 
presence  of  a  large  number  of  troops — three  regiments  of  cavalry  and 
from  five  to  seven  regiments  of  infantry,  with  an  aggregate  strength 
of  nearly  5,000 — and  these  were  almost  constantly  employed.  Aside 
from  the  frontier  posts,  from  one  to  three  companies  were  stationed 
at  from  fifteen  to  twenty  points  to  aid  the  civil  authorities.  Galves- 
ton,  Austin,  Waco,  Jefferson,  Biyan,  Huntsville,  Livingston,  Green 
ville,  Nacogdoches,  Brenham,  Corpus  Christi,  Columbus,  Helena, 
Lampasas,  Tyler,  and  Indianola  were  among  the  towns  thus  garrisoned 
by  Federal  troops. 

"General  Reynolds  to  Adjutant-General,  August  1,  1808. 


RIOT    AT    MOBILE,   ALA.,   AUGUST    5,   1809.  129 

Soon  after  the  readmission  of  the  State  the  legislature  organized 
the  militia,  together  with  an  efficient  mounted  police  force;  a  law  was 
passed  prohibiting  the  carrying  of  deadly  weapons;  a  number  of  jails 
were  built,  and  most  determined  efforts  were  made  by  the  State 
authorities  for  the  suppression  of  lawlessness.  Up  to  the  end  of  1870 
reports  had  been  made  showing  a  total  of  2,790  persons  charged  with 
crime  and  evading  arrest;  of  this  number,  702  were  charged  with  mur 
der,  in  some  cases  two  or  more,  even  seven  murders  being  charged  to 
a  single  individual.  In  addition  972  had  been  arrested,  109  of  them 
charged  with  murder.  By  the  end  of  1871  the  courts  were  in  good 
working  order;  offenders  were  promptly  arrested  and  punished  and 
the  civil  law  respected,  so  that  the  troops  were  withdrawn  and 
resumed  their  frontier  stations. 

Mobile  was  the  scene  of  another  riot  on  the  5th  of  August,  1869. 
There  had  been  considerable  excitement  in  the  city  for  some  days 
over  the  political  issues  that  were  to  be  determined  at  the  August 
elections.  Both  parties  had  held  meetings  nightly,  and  the  Republican 
meetings,  participated  in  almost  exclusively  by  colored  men,  had  been 
frequently  interrupted.  On  election  day,  August  3, 

at  Mobile,  .via.,  there  had  been  some  rioting,  but  this  the  sheriff  had 
been  able  to  suppress.  On  the  night  of  the  5th  the 
Republicans,  having  won  the  election,  held  a  meeting  to  celebrate 
their  victory;  and,  it  having  been  rumored  that  the  meeting  was  to  be 
broken  up,  an  immense  crowd  was  present,  and  many  of  them  were 
armed.  The  police,  numbering  about  100  men,  were  all  on  duty  at 
the  place  of  meeting,  and.  apprehending  trouble,  the  sheriff  had  called 
upon  the  commandant  of  the  United  States  troops.  Before  they 
cculd  reach  the  spot  firing  had  commenced,  and  within  a  few  minutes, 
according  to  a  newspaper  report,  "the  bullets  were  falling  like  hail." 
The  whites  formed  themselves  into  squads  and  marched  about  the 
streets,  committing  all  sorts  of  depredations.  When  the  troops  arrived 
it  was  found  that  six  men  had  been  killed  and  twelve  severely 
wounded. n 


"•Mobile  Nationalist,  August  6,  1869;  report  United  States  Marshal  Watson  and  of 
Maj.  M.  A.  Cochran,  Second  Infantry,  1127,  Department  South,  1869. 

S.  Doc.  209: 9 


VI.  POLITICAL  DISTURBANCES  IN  LOUISIANA,  1866-1876. 

RIOTS  AT  NEW  ORLEANS,  1866— OUTRAGES  IN  FRANKLIN  COUNTY,  1868— CONFLICT  IN 
ST.  LANDRY  PARISH— RIOTS  AT  NEW  ORLEANS,  1871-72— THE  COUSHATTA  TRAGEDY, 
1874— RIOTS  AT  NEW  ORLEANS,  1874— THE  AFFAIR  OF  JANUARY  4,  1875. 


It  has  been  observed  that  the  obligation  of  acting  upon  the  applica 
tion  of  a  State  legislature,  or  of  its  executive,  devolves  upon  the  Presi 
dent  the  necessity  of  determining  what  body  of  men  constitute  the 
legislature,  or  who  is  the  governor,  before  he  can  act.  The  Supreme 
Court  has  remarked  in  the  Rhode  Island  case  (Luther  v.  Borden,  7 
Howard,  1)  that  the  fact  that  two  parties  claim  the  right  to  the  gov 
ernment  can  not  alter  the  case,  for  both  can  not  be  entitled  to  it;  that 
if  there  is  an  armed  conflict  it  is  a  case  of  domestic  ATiolence,  and  one  of 
the  parties  must  be  in  insurrection  against  the  lawful  government,  and 
that  the  President  must,  of  necessity,  decide  which  is  the  government, 
and  which  party  is  unlawfully  arrayed  against  it,  before  he  can  per 
form  the  duty  imposed  upon  him  by  the  law.  But  it  will  be  remem 
bered  that  in  the  Rhode  Island  case  the  President  (Tyler)  had  declined 
to  accept  this  doctrine.  In  his  message  of  April  9, 1841,  he  remarked, 
"I  also  with  equal  strength  resist  the  idea  that  it  falls  within  the 
Executive  competency  to  decide,  in  controversies  of  the  nature  of  that 
which  existed  in  Rhode  Island,  on  which  side  is  the  majority  of  the 
people,  or  as  to  the  extent  of  the  rights  of  a  mere  numerical  majority. 
For  the  Executive  to  assume  such  a  power  would  be  to  assume  a  power 
of  the  most  dangerous  character."  Moreover,  the  dispersion  of  Mr. 
Dorr's  slender  army  rendered  it  unnecessary  for  either  issuing  the 
proclamation  or  for  removing  the  troops  from  Fort  Adams.  It  was 
reserved  for  President  Grant,  in  the  Louisiana  and  afterwards  in  the 
Arkansas  case,  to  apply  this  doctrine  in  responding  to  a  call  for  Fed 
eral  aid  to  suppress  an  insurrection,  from  each  of  two  contestants, 
by  reviewing  their  respective  claims,  and  recognizing  one  of  them  as 
the  lawful  governor  of  the  State. 

The  Louisiana  cases  are,  moreover,  of  considerable  interest  and 
importance  in  presenting,  as  they  do,  about  all  the  phases  that  are 
likely  to  attend  a  political  situation  of  that  character.  Extending  over 
a  period  of  nearly  ten  years,  during  which  the  titles  of  five  executives 
and  of  six  rival  legislative  bodies  were  in  dispute,  besides  involving 
two  Presidential  and  four  Congressional  elections,  there  was  necessity 
130 


POLITICAL    DISTURBANCES    IN    LOUISIANA.  131 

for  frequent  and  prompt,  if  not  arbitrary,  decision  upon  the  part  of 
the  President  in  the  interest  of  peace  and  public  order.  These  cases 
arc  *still  further  of  interest  in  demonstrating  the  cheerfulness  and 
alacrity  with  which  the  insurgents  in  every  instance  surrendered  their 
pretensions  at  the  demand  of  the  General  Government.  In  the  more 
than  twenty  occasions  on  which  United  States  troops  were  required  to 
interpose  between  armed  bodies  of  disputing  partisans,  there  was  no 
single  instance  in  which  they  were  called  upon  to  fire  a  shot. 

A  dispassionate  record  of  the  circumstances  and  events  that  make  up 
the  history  of  the  State  of  Louisiana  for  the  more  than  ten  years  fol 
lowing  the  war  of  the  rebellion  exhibits  a  political  and  social  condi 
tion  that  is  little  short  of  anarchy.  "Since  the  year  1866,"  reports 
Lieutenant-General  Sheridan  to  the  Secretary  of  War,  in  a  dispatch 
dated  New  Orleans,  January  10,  1875,  ''nearly  3,500  persons,  the 
majority  of  whom  were  colored  men,  have  been  killed  and  wounded  in 
this  State/'  In  1868  the  official  record  shows  that  1,881  were  killed 
and  wounded.  From  1868  to  the  present  time  no  official  investigation 
has  been  made,  and  the  civil  authorities  in  all  but  a  few  cases  have 
been  unable  to  arrest,  convict,  and  punish  the  perpetrators.  Conse 
quently  there  are  no  correct  records  to  be  consulted  for  information. 
There  is  ample  evidence,  however,  to  show  that  more  than  1,200  per 
sons  have  been  killed  and  wounded  during  this  time  on  account  of  their 
political  sentiments.  Frightful  massacres  have  occurred  in  the  par 
ishes  of  Bossier,  Caddo,  Catahoula,  St.  Bernard,  St.  Landry,  Grant, 
and  Orleans.  The  general  character  of  the  massacres  in  the  above- 
named  parishes  is  so  well  known  that  it  is  unnecessary  to  describe 
them.  The  isolated  cases  can  best  be  illustrated  by  the  following 
instances,  which  I  take  from  a  mass  of  evidence  now  lying  before  me, 
of  men  killed  on  account  of  their  political  principles:  In  Natchitoches 
Parish  the  number  of  isolated  cases  reported  is  33;  in  the  parish  of 
Bienville  the  number  of  men  killed  is  30;  in  Red  River  Parish  the 
isolated  cases  of  men  killed  is  31;  in  Winn  Parish  the  number  of  iso 
lated  cases  where  men  were  killed  is  15;  in  Jackson  Parish  the  number 
killed  is  20;  in  Catahoula  Parish  the  number  of  isolated  cases  reported 
where  men  were  killed  is  50;  and  most  of  the  country  parishes 
throughout  the  State  will  show  a  corresponding  state  of  affairs." 

To  similar  effect  is  the  language  of  the  President  (Grant)  in  his  mes 
sage  of  January  13,  1875,  in  response  to  a  Senate  resolution  calling  for 
information  as  to  the  existing  political  situation  in  Louisiana.  "To 
say  that  lawlessness,  turbulence,  and  bloodshed  have  characterized  the 
political  affairs  of  that  State  since  its  organization  under  the  recon 
struction  acts  is  only  to  repeat  what  has  become  well  known  as  a  part 

"That  the  aggregate  of  these  murders  greatly  exceeded  the  number  stated  by  Gen 
eral  Sheridan,  see  the  documentary  proof  published  in  H.  R.  Ex.  Doc.  No.  30, 
Forty-fourth  Congress,  second  session,  pp.  150  to  546. 


132  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

of  its  unhappy  history.  "rt  Nor  is  it  just  to  latter-day  history  to  attrib 
ute,  as  most  writers  have  done,  this  disorderly  condition  of  an  entire 
community  to  the  unpopularity  of  the  reconstruction  policy  of  the 
Government.  On  the  contrary,  upon  no  less  an  authority  than  (Gov 
ernor  Wells,  a  native  and  life-long  resident  of  Louisiana,  fcC  it  is  within 
the  knowledge  of  all  citizens  resident  here  before  the  war  that  for 
years  preceding  the  rebellion  elections  in  the  parish  of  Orleans  were 
a  cruel  mockery  of  free  government.  Bands  of  organized  desperadoes, 
immediate^  preceding  and  during  an  election,  committed  every  species 
of  outrage  upon  the  peaceful  and  unoffending  citizens  to  intimidate 
them  from  the  exercise  of  the  inestimable  privilege  of  freemen — the 
elective  franchise.  A  registry  of  14,000  names  in  the  days  alluded  to 
could  scarcely  furnish  one-fourth  of  that  number  of  legal  votes  at  the 
polls,  although  6,000  or  7,000  votes  were  usually  returned  as  cast.7'6 

From  the  distance  of  thirty  }Tears  or  more  it  may  be  safely  asserted 
that  two  circumstances,  perhaps  three,  operated  to  bring  about  the 
occurrences  of  July  30,  1866,  which  first  specially  attracted  the  atten 
tion  of  the  country  to  the  domestic  affairs  of  Louisiana.  The  first  was 
the  election  in  March  of  that  }rear  of  one  John  T.  Monroe  to  be  mayor 
of  the  city  of  New  Orleans,  and  the  refusal  of  Major- 

at  New  Orleans  General  Canbv,  the  military  commander,  to  permit 
him  to  exercise  the  functions  of  that  office  upon  the 
ground  that  he  had  never  taken  the  oath  of  allegiance  to  the  United 
States.  Although  this  disability  was  soon  after  removed,  so  that  the 
mayor-elect  assumed  the  office  on  the  loth  of  May,  the  incident  occa 
sioned  much  bad  feeling,  which  increased  with  the  action  of  the  mavor 
in  removing  the  appointees  of  his  predecessor  and  supplying  their 
places,  especially  on  the  police  force,  with  ex-Confederate  soldiers, 
thugs,  and  desperadoes/  Monroe  had  been  mayor  of  the  cit}^  at  the 
time  of  its  capture  and  occupation  by  General  Butler;  had  been  alwa}rs 
an  irreconcilable;  opposed  to  the  national  policy,  and  a  recognized 
leader  of  the  restless  portion  of  the  population.  General  Sheridan 
distrusted  him,  and  kept  him  and  his  associates  under  close  observation. 
The  absorbing  political  subject  at  this  time  was  the  proposed  reassem 
bling  of  the  convention  of  1864,  which  had  framed  the  constitution 
under  which  the  State  was  operating  and  had  adjourned  subject  to  the 
call  of  its  chairman.  There  was  no  apparent  reason  why  this  conven 
tion  should  reconvene;  it  had  performed  the  purpose  of  its  creation; 
had  framed  a  constitution  which  had  been  adopted  by  the  people;  52 

«  Senate  Ex.  Doc.  No.  13,  Forty-third  Congress,  second  session. 

&  Veto  message  of  Governor  J.  Madison  Wells  to  legislature  of  Louisiana  February 
9,  1866. 

c  Testimony  taken  before  the  board  of  officers  convened  by  General  Baird  August 
1,  1866,  to  investigate  the  New  Orleans  riots.  (H.  R.  Ex.  Doc.  No.  68,  Thirty-ninth 
Congress,  second  session,  pp.  43,  151,  152,  153,  166,  et  seq. 


RIOTS    AT    NEW    ORLEANS,   JULY    30,   1866.  133 

of  its  membership  of  150  had  died,  resigned,  or  removed  from  the 
State;  its  chairman  had  been  appointed  to  a  Federal  judgeship.  In 
the  midst  of  the  excitement  consequent  upon  an  agitation  of  this  ques 
tion  the  chairman  pro  tempore  of  the  18H4  convention,  Judge  Howell, 
issued  a  call  reconvening  that  body  on  the  30th  of  July  at  the  Mechanics' 
Institute  in  New  Orleans.  The  grand  jury  was  invoked  to  declare  this 
proposed  assemblage  an  unlawful  one,  and  found  a  bill  of  indictment 
against  its  members.  The  mayor  announced  his  intention  of  preventing 
the  meeting  of  the  body,  which  he  denominated  "an  extinct  conven 
tion,"  and  of  arresting  its  members  if  they  attempted  to  assemble. 
This  was  the  second  and  most  important  cause  for  what  followed. 

The  third  circumstance  was  the  absence  of  Major-General  Sheridan, 
the  military  commander  of  the  Department  of  the  Gulf,  who  had  been 
called  to  Texas,  another  part  of  his  military  department,  on  pressing 
duty,  and  of  Governor  Wells,  the  chief  executive  of  the  State,  who,  if 
present  in  the  city,  was  invisible  for  some  days  preceding  the  30th  of 
July.  It  is  in  evidence  that  the  opposition  to  the  convention  was  the 
main  topic  of  conversation  for  some  weeks  in  and  about  New  Orleans; 
that  it  had  been  proposed  at  first  to  treat  it  with  ridicule;  then  to  go 
into  the  convention  and  to  control  it  by  superior  numbers;  and  lastly 
to  treat  it  as  an  unlawful  assemblage,  and  as  such  to  break  it  up  at  all 
hazards/'  On  the  25th  of  July  the  following  letter  was  received  from 
Mayor  Monroe,  and  was  the  first  intimation  of  the  changed  plans  of 
the  conspirators: 

MAYORALTY  OF  .NEW  ORLEANS, 

City  Hall,  July  25,  1866. 

GENERAL:  A  body  of  men,  claiming  to  be  members  of  the  convention  of  1864,  and 
whose  avowed  object  is  to  subvert  the  municipal  and  State  governments,  will,  I  learn, 
assemble  in  this  city  on  Monday  next. 

The  laws  and  ordinances  of  the  city,  which  my  oath  of  office  makes  obligatory 
upon  me  to  see  faithfully  executed,  declare  all  assemblies  calculated  to  disturb  the 
public  peace  and  tranquillity  unlawful,  and  as  such  to  be  dispersed  by  the  mayor,  and 
the  participants  held  responsible  for  violating  the  same. 

It  is  my  intention  to  disperse  this  unlawful  assembly,  if  found  within  the  corporate 
limits  of  the  city,  by  arresting  the  members  thereof  and  holding  ther\  accountable 
to  existing  municipal  law,  provided  they  meet  without  the  sanction  of  the  military 
authorities. 

I  will  esteem  it  a  favor,  General,  if  at  your  earliest  convenience  you  will  inform 
me  whether  this  projected  meeting  has  your  approbation,  so  that  I  may  act 
accordingly. 

I  am,  General,  very  respectfully, 

JOHVT  T.  MONROE, 

Mayor. 

Brevet  Major-General  BAIRD, 

Commanding,  etc. 

a  Report  of  Brevet  Major-General  Baird  to  Major-General  Sheridan,  August  15, 
1866. 


134  FEDERAL    AID    IN    DOMESTIC    DISTURB  A  NCE8. 

To  this  communication  General  Baird  replied  at  some  length.  While 
remarking  that  the  proposed  assemblage  had  neither  requested  nor 
obtained  the  sanction  or  approbation  of  the  military  authorities  for  its 
meeting,  he  suggested  that  such  an  assemblage  would  not  be  contrary 
to  the  universally  conceded  right  of  all  loyal  citizens  to  meet  peace 
ably,  and  discuss  freely  all  questions  concerning  their  civil  govern 
ment;  that  "  if  the  assemblage  has  the  legal  right  to  remodel  the  State 
government  it  should  be  protected  in  so  doing;  if  not,  then  its  labors 
must  be  looked  upon  as  a  harmless  pleasantry,  to  which  no  one  ought 
to  object.'-  "  If,  however,  the  mayor  is  to  be  understood  as  intimating 
that  the  projected  meeting  is  calculated  to  disturb  the  public  peace 
and  tranquillity;  that  the  number  of  its  opponents  and  the  lawlessness 
of  their  character  is  so  well  established  that  he  doubts  the  abilit}^  of 
his  small  force  of  police  to  control  them,  it  will  be  merely  necessary 
to  call  upon  him  (General  Baird)  for  assistance,  when  not  only  all  the 
troops  in  the  city,  but  if  necessary  the  entire  force  in  his  power  to 
assemble,  either  upon  the  land  or  water,  will  be  brought  to  his  aid."  w 
On  the  28th  General  Baird  was  called  upon  by  the  mayor,  who  was 
accompanied  by  Mr.  Voorhees,  the  lieutenant-governor  of  the  State, 
who  informed  him  that  the  plan  of  breaking  up  the  proposed  meeting 
by  arresting  its  members  by  the  city  police  had  been  abandoned,  and 
that  it  was  now  designed  to  have  them  arrested  by  the  sheriff  upon  the 
grand  jury  indictments.  To  this  action  General  Baird  demurred,  and 
it  was  agreed  that  nothing  should  be  done  until  he  had  received  instruc 
tions  from  the  Secretary  of  War,  to  whom  he  agreed  to  telegraph  the 
situation  immediately,  the  lieutenant-governor  having  already  tele 
graphed  to  the  President.  With  this  the  interview  closed.  No  appli 
cation  was  made  for  troops  or  for  any  military  assistance,  the 
impression  left  upon  the  mind  of  General  Baird  being  that  every  effort 
would  be  made  by  the  civil  authorities  to  prevent  any  popular  com 
motion;  in  short,  so  amicable  was  the  conversation  that  General  Baird 
expressed  his  gratification  at  the  pleasure  the  interview  had  afforded 
him.6  On  their  departure  he  dispatched  the  following  telegram: 

HEADQUARTERS  DEPARTMENT  OF  LOUISIANA, 

New  Orleans,  La.,  July  28,  1866. 
Hon.  E.  M.  STANTON, 

Secretary  of  War,  Washington,  D.  C. 

A  convention  has  been  called,  with  the  sanction  of  Governor  Wells,  to  meet  here 
on  Monday.  The  lieutenant-governor  and  city  authorities  think  it  unlawful,  and 
propose  to  break  it  up  by  arresting  the  delegates.  I  have  given  no  orders  on  the 
subject  but  have  warned  the  parties  that  I  should  not  countenance  or  permit  such 
an  action  without  instructions  to  that  effect  from  the  President.  Please  instruct  me 
by  telegraph. 

A.  BAIRD, 
Brevet  Major- General,  Commanding. 

"Brevet  Major-General  Baird  to  Hon.  John  T.  Monroe,  mayor  of  New  Orleans, 
July  26,  1866. 

'>  Brevet  Major-General  Baird  to  Major-General  Sheridan,  August  15,  1866. 


RIOTS    AT    NEW    ORLEANS,   JULY    30,   1860.  135 

It  may  be  observed  at  this  juncture  that  to  this  dispatch  no  repty 
was  ever  received.  To  provide,  however,  for  emergencies  the  troops 
at  Jackson  Barracks  and  in  the  upper  part  of  the  city  were  ordered  to 
hold  themselves  in  readiness  on  the  30th  to  move  at  a  moment's  notice; 
a  steamer  was  directed  to  be  ready  at  the  barracks  wharf  witli  steam 
up  to  rush  the  troops  up  to  the  city,  and  a  swift  tug  held  as  a  dispatch 
boat.  At  the  same  time  it  was  ordered  that  all  soldiers  be  kept  out 
of  the  streets;  all  this  with  the  view  of  avoiding  the  excitement  or 
attracting  the  attention  which  might  be  occasioned  by  the  presence  of 
United  States  troops  in  and  about  the  city.  The  following  telegraphic 
correspondence  was  passed  on  the  28th  and  30th,  and  which  if  known 
to  the  military  authorities  would  have  had  a  most  important  bearing 
on  their  conduct,  was  not  received  at  department  headquarters  until 
nearly  a  week  later,  when  it  was  sent  to  General  Sheridan  in  compli 
ance  with  his  request.  The  New  Orleans  papers  of  the  30th  published 
the  President's  telegram  of  the  28th  to  Voorhees,  but  its  vague  and 
ambiguous  language,  together  with  the  absence  of  any  instructions 
for  himself,  warranted  General  Baird  in  doubting  its  authenticity: 

OFFICE  UNITED  STATES  MILITARY  TELEGRAPH, 

HEADQUARTERS  WAR  DEPARTMENT. 

The  following  telegram  received  2  p.  in.  July  28,  1866,  from   New  Orleans,  July 
28,  1866: 
President  JOHNSON: 

Radical  mass  meeting,  composed  mainly  of  large  number  of  negroes,  last  night,  end 
ing  in  a  riot.  The  committee  of  arrangements  of  said  meeting  assembling  to-night. 
Violent  and  incendiary  speeches  made;  negroes  called  to  arm  themselves;  you 
bitterly  denounced.  Speakers:  Field,  Dostie,  Hawkins,  Henderson,  Heirward,  and 
others.  Governor  Wells  arrived  last  night,  but  sides  with  the  convention  move. 
The  whole  matter  before  grand  jury,  but  impossible  to  execute  civil  process  without 
certainty  of  riot.  Contemplated  to  have  the  members  of  the  convention  arrested 
under  process  from  the  criminal  court  of  this  district.  Is  the  military  to  interfere 
to  prevent  process  of  court? 

ALBERT  VOORHEES, 
Lieutenant- Governor  of  Louisiana. 

ANDREW  J.  HERRON, 
Attorney- General  of  Louisiana. 

EXECUTIVE  MANSION, 

Washington,  J).  C.,  July  28,  1866 — 5.40  p.  m. 
ALBERT  VOORHEES, 

Lieutenant- Governor  of  Louisiana,  New  Orleans,  La.: 

The  military  will  be  expected  to  sustain  and  not  to  obstruct  or  interfere  with  the 
proceedings  of  the  courts.  A  dispatch  on  the  subject  of  the  convention  was  sent  to 
Governor  Wells  this  morning. 

ANDREW  JOHNSON. 

EXECUTIVE  OFFICE, 
Washington,  D.  C.,  July  28,  1866. 
His  Excellency  Governor  WELLS, 

New  Orleans,  La.: 

I  have  been  advised  that  you  have  issued  a  proclamation  convening  the  convention 
elected  in  1864.  Please  inform  me  under  and  bv  what  authoritv  this  has  been  done, 


13()  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

and  by  what  authority  this  convention  can  assume  to  represent  ttie  whole  people  of 
the  State  of  Louisiana. 

ANDREW  JOHNSON. 

OFFICE  UNITED  STATES  MILITARY  TELEGRAPH, 

HEADQUARTERS    WAR  DEPARTMENT. 

The  following  telegram  received  8.30  p.  in.  July  28,  1860,  from  New  Orleans,  July 
28,  1866: 
President  JOHNSON: 

Your  telegram  received.  I  have  not  issued  a  proclamation  convening  the  conven 
tion  of  1864.  This  was  done  by  the  president  of  that  body,  by  virtue  of  a  resolution 
adjourning  the  convention  subject  to  his  order;  and  in  that  case  also  authori/ing  him 
to  call  on  the  proper  officers  to  issue  writs  of  election  in  unrepresented  parishes.  My 
proclamation  is  in  response  to  that  call,  ordering  an  election  on  the  3d  of  September. 
As  soon  as  vacancies  can  be  ascertained  an  election  will  be  held  to  fill  them,  when 
the  entire  State  will  be  represented. 

Your  obedient  servant,  J.  MADISON  WELLS, 

Governor  Louisiana. 

EXECUTIVE  MANSION, 

Washington,  D.  C.,  July  30,  1866. 
ANDREW  J.  HERRON, 

Attorney- General  of  Louisiana,  New  Orleans: 

You  wall  call  on  General  Sheridan,  or  whoever  may  be  in  command,  for  sufficient 
force  to  sustain  the  civil  authority  in  suppressing  all  illegal  or  unlawful  assemblies 
which  usurp  or  assume  to  exercise  any  power  or  authority  without  lirst  having 
obtained  the  consent  of  the  people  of  the  State.  If  there  is  to  be  a  convention  let  it 
be  composed  of  delegates  chosen  fresh  from  the  people  of  the  whole  State.  The 
people  must  first  be  consulted  in  reference  to  changing  the  organic  law  of  the  State. 
Usurpation  will  not  be  tolerated.  The  law  and  the  Constitution  must  be  sustained, 
and  thereby  peace  and  order. 

ANDREW  JOHNSON. 

Sunday  the  29th  was  quiet;  the  city  displayed  less  than  its  usual 
restlessness;  the  members  of  the  convention  appeared  on  the  streets 
and  moved  around  the  hotels  without  attracting  the  slightest  attention. 
On  Monday  morning,  the  30th,  the  city  papers  contained  the  following 
proclamation  of  the  mayor,  which,  being  apparently  in  hannony  with 
the  agreement  of  the  28th,  was  read  by  General  Baird  with  much 
gratification : 

MAYORALTY  OF  NEW  ORLEANS, 

City  Hall,  July  30, 1S66. 

Whereas,  the  extinct  convention  of  1864  proposes  meeting  this  clay;  and 
Whereas,  intelligence  has  reached  me  that  the  peace  and  good  order  of  the  city 
might  be  disturbed; 

Now,  therefore,  I,  John  T.  Monroe,  mayor  of  the  city  of  New  Orleans,  do  issue 
this  my  proclamation  calling  upon  the  good  people  of  this  city  to  avoid  with  care  all 
disturbance  and  collision ;  and  I  do  particularly  call  upon  the  younger  members  of 
the  community  to  act  with  such  calmness  and  propriety  as  that  the  good  name  of  the 
city  may  not  be  tarnished  and  the  enemies  of  the  reconstruction  policy  of  President 
Johnson  be  not  afforded  an  opportunity,  so  much  courted  by  them,  of  creating  a 
breach  of  the  peace,  and  of  falsifying  facts  to  the  great  injury  of  the  city  and  State. 
And  I  do  further  enjoin  upon  all  good  citizens  to  refrain  from  gathering  in  or  about 
the  place  of  meeting  of  said  extinct  convention,  satisfied  from  recent  dispatches  from 


RIOTS    AT    NEW    ORLEANS,   JULY    150,    1866.  137 

Washington  that  the  deliberations  of  the  members  thereof  will  receive  no  counte 
nance  from  the  President,  and  that  he  will  sustain  the  agents  of  the  present  civil 
government  and  vindicate  its  laws  and  acts  to  the  satisfaction  of  the  good  people  of 
the  city  and  State. 

JOHN  T.  MONROE, 

Mayor. 

At  11  o'clock  of  the  30th  the  lieutenant-governor  again  called  upon 
General  Baird  and  was  advised  by  the  latter  that  he  was  still  without 
specific  instructions  from  Washington,  but  that  his  arrangements  to 
preserve  the  peace  had  been  well  taken.  On  his  departure  General 
Baird  sent  an  officer  to  Jackson  Barracks  to  bring  up  four  companies, 
which,  at  the  suggestion  of  the  lieutenant-governor,  he  decided  to 
locate  near  the  levee  on  Canal  street,  so  as  to  be  out  of  the  way,  yet 
within  reach  if  needed.  It  was  now  about  12  o'clock,  and  General 
Baird  left  his  office  and  drove  to  the  house  of  Judge  Ho  well  to  consult 
with  him  as  to  any  protection  he  might  require,  but  learning  that  he 
had  already  gone  to  the  meeting,  he  returned  to  his  office.  Here  he 
found  the  following  letter  from  Lieutenant-Governor  Voorhees: 

NEW  ORLEANS,  July  30,  1866. 

SIR:  I  am  informed  that  squads  of  the  colored  population  are  going  about  in  the 
Third  district  of  the  city;  that  they  have  abandoned  their  work,  and  that  others  are 
coming  into  the  city  also  from  the  upper  part  and  from  Jefferson.  How  reliable 
this  news  is,  or,  at  least,  to  what  extent,  I  can  not  say  positively.  At  all  events,  I 
would  suggest  that  an  inquiry  be  made.  The  colored  population  is  not  answerable 
for  these  things,  for,  goaded  as  they  are  by  inflammatory  appeals  to  their  passions 
and  prejudices,  it  is  astonishing  that  they  have  not  already  fallen  into  excesses. 

After  leaving  you  I  called  upon  the  mayor,  \vho  was  pleased  to  hear  what  coopera 
tion  he  could  have  from  the  military  department.  As  a  measure  of  prudence  it  would 
be  well,  should  you,  however,  concur  in  this  view,  to  have  a  military  force  dissemi 
nated  throughout  the  city  to  act  in  concert  with  the  city  police,  but  by  all  means  in 
the  vicinity  of  Mechanics'  Institute. 

At  this  very  moment  my  messenger  comes  in  and  brings  the  information  that  a 
large  number  of  freedmen  are  at  the  Mechanics'  Hall  and  that  a'great  number  of 
white  people  are  in  the  vicinity.     The  excitement  is  increasing.     The  appearance  of 
soldiers,  with  policemen,  at  this  moment  would  be  very  beneficial. 
I  remain,  very  respectfully,  your  obedient  servant, 

ALBERT  VOORHEES, 
Lieutenan t-  Governor,  Louisiana . 
Major-General  BAIRD, 

New  Orleans. 

Meanwhile,  some  25  members  of  the  convention  had  arrived  at  the 
Mechanics'  Institute,  which  is  on  Dryades  street,  between  Canal  and 
Common,  and,  the  hour  of  12  noon  having  arrived,  were  called  to  order, 
but  no  quorum  being  present,  a  recess  of  one  hour  was  taken.  The 
galleries  and  halls  of  the  building  were  not  crowded — perhaps  150  men 
altogether,  mostly  colored  men;  in  Dryades  street,  in  front  of  the  insti 
tute,  were  a  few  colored  men,  women,  and  children — not  more  than  20 — 


138  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

i 

drawn  thither  by  curiosity.     What  followed  is  from  the  dispatch  of 
General  Sheridan  of  August  6  to  the  President: 

About  1  p.  in.  a  procession  of,  say,  from  60  to  130  colored  men  inarched  up  Bur 
gundy  street  and  across  Canal  street,  toward  the  convention,  carrying  an  American 
flag.  These  men  had  about  one  pistol  to  every  10  men,  and  canes  and  clubs  in  addi 
tion.  While  crossing  Canal  street  a  row  occurred.  There  were  man/  spectators  on 
the  street,  and  their  manner  and  tone  toward  the  procession  unfriendly.  A  shot 
was  fired,  by  whom  I  am  not  able  to  state,  but  believe  it  to  have  been  by  a  police 
man,  or  some  colored  man  in  the  procession.  This  led  to  other  shots,  and  a  rush 
after  the  procession.  On  arrival  at  the  front  of  the  institute  there  was  some  throw 
ing  of  brickbats  by  both  sides.  The  police,  who  had  been  held  well  in  hand,  were 
vigorously  marched  to  the  scene  of  disorder.  The  procession  entered  the  institute 
with  the  flag,  about  six  or  eight  remaining  outside.  A  rowr  occurred  between  a  police 
man  and  one  of  these  colored  mei>,  and  a  shot  was  again  fired  by  one  of  the  parties, 
which  led  to  an  indiscriminate  fire  on  the  building  through  the  windows  by  the 
policemen.  This  had  been  going  on  for  a  short  time,  when  a  white  flag  was  dis 
played  from  the  windows  of  the  institute,  whereupon  the  firing  ceased  and  the  police 
rushed  into  the  building.- 

From  the  testimony  of  wounded  men  and  others  who  were  inside  the  building, 
the  policemen  opened  an  indiscriminate  fire  upon  the  audience  until  they  had 
emptied  their  revolvers,  when  they  retired,  and  those  inside  barricaded  the  doors. 
The  door  was  broken  in  and  the  firing  again  commenced,  when  many  of  the  colored 
and  white  people  either  escaped  out  through  the  door  or  were  passed  out  by  the 
policemen  inside;  but  as  they  came  out  the  policemen  who  formed  the  circle  nearest 
the  building  fired  upon  them,  and  they  were  again  fired  upon  by  the  citizens  that 
formed  the  outer  circle.  Many  of  those  wounded  and  taken  prisoners,  and  others 
who  were  prisoners  and  not  wounded,  were  fired  upon  by  their  captors  and  by  citi 
zens.  The  wounded  were  stabbed  while  lying  on  the  ground,  and  their  heads 
beaten  with  brickbats  in  the  yard  of  the  building,  whither  some  of  the  colored  men 
had  escaped  and  partially  secreted  themselves.  They  were  fired  upon  and  killed  or 
wounded  by  policemen.  Some  were  killed  and  wounded  several  squares  from  the 
scene.  Members  of  the  convention  were  wounded  by  the  policemen  while  in  their 
hands  as  prisoners — some  of  them  mortally. 

Less  guarded  in  language,  if  more  graphic  in  expression,  is  the 
report  of  the  special  committee  of  Congress  that  visited  New  Orleans 
in  December  for  the  purpose  of  making  a  thorough  investigation  of 
the  riots.  They  say  (p.  10): 

The  committee  examined  74  persons  as  to  the  facts  of  violence  and  bloodshed  upon 
that  day.  It  is  in  evidence  that  men  who  were  in  the  hall,  terrified  by  the  merciless 
attacks  of  the  armed  police,  sought  safety  by  jumping  from  the  windows,  a  distance 
of  20  feet,  to  the  ground,  and  as  they  jumped  were  shot  by  police  or  citizens.  Some, 
disfigured  by  wounds,  fought  their  way  downstairs  to  the  street,  to  be  shot  or  beaten 
to  death  on  the  pavement.  Colored  persons,  at  distant  points  in  the  city,  peaceably 
pursuing  their  lawful  business,  were  attacked  by  the  police,  shot,  and  cruelly  beaten. 
Men  of  character  and  position,  some  of  whom  were  members  and  some  spectators  of 
the  convention,  escaped  from  the  hall  covered  with  wounds  and  blood,  and  were 
preserved  almost  by  miracle  from  death.  Scores  of  colored  citizens  bear  frightful 
scars,  more  numerous  than  many  soldiers  of  a  dozen  well-fought  fields  can  show — 
proofs  of  fearful  danger  and  strange  escape;  men  were  shot  while  waving  handkerchiefs 
in  token  of  surrender  and  submission;  white  men  and  black,  with  arms  uplifted  praying 
for  life,  were  answered  by  shot  and  blowr  from  knife  and  club;  the  bodies  of  some 


RIOTS    AT    NEW    ORLEANS,   JULY    30,   I860.  139 

were  "pounded  to  a  jelly;"  a  colored  man  was  dragged  from  under  a  street  crossing 
and  killed  at  a  blow;  men  concealed  in  outhouses  and  among  piles  of  lumber  wrere 
eagerly  sought  for  and  slaughtered  or  maimed  without  remorse;  the  dead  bodies 
upon  the  street  were  violated  by  shot,  kick,  and  stab;  the  face  of  a  man  "just  breath 
ing  his  last"  was  gashed  by  a  knife  or  razor  in  the  hands  of  a  woman;  "an  old,  gray- 
haired  man,"  peaceably  walking  the  street  at  a  distance  from  the  institute,  was  shot 
through  the  head;  negroes  were  taken  out  of  their  houses  and  shot;  a  policeman 
riding  in  a  buggy  deliberately  fired  his  revolver  from  the  carriage  into  a  crowd  of 
colored  men;  a  colored  man,  2  miles  away  from  the  convention  hall,  was  taken  from 
his  shop  by  the  police,  at  about  4  o'clock  on  the  afternoon  of  the  riot,  and  shot  and 
wounded  in  side,  hip,  and  back;  one  man  was  wounded  by  fourteen  blows,  shots, 
and  stabs;  the  body  of  another  received  seven  pistol  balls.  After  the  slaughter  had 
measurably  ceased,  carts,  wagons,  and  drays,  driven  through  the  streets,  gathered 
the  dead,  the  dying,  and  the  wounded  in  "promiscuous  loads,"  a  policeman,  in  some 
cases,  riding  in  the  w^agon  seated  upon  the  living  men  beneath  him. 

The  result  of  the  encounter  is  reported  by  Assistant  Surgeon  Hart- 
sun1',  U.  8.  Army,  from  those  found  on  the  streets  and  in  the  hospitals, 
to  have  been  38  killed,  4:8  severely  and  99  slightly  wounded.  Many 
more  known  to  have  been  wounded  were  hid  by  their  relatives,  and  a 
larger  number  known  to  have  fled  from  the  city. 

It  was  nearly  half  past  2  when  the  troops  arrived  in  the  city,  and  the 
shooting  had  then  been  over  for  some  time.  They  were  quickly  moved 
up  Canal  street  to  Dryades  and  proceeded  at  once  to  clear  the  street  of 
the  crowds  that  were  pouring  into  it  from  all  directions.  It  was  then 
that  General  Baird  first  learned  of  the  atrocities  that  had  been  perpe 
trated,  and  of  the  scarcely  credible  fact  that  the  police  themselves  had 
led  the  riot.  Conceiving  it  to  be  his  first  duty  to  take  that  force  in 
hand  and  hold  it  to  a  strict  accountability,  there  being  great  excitement 
and  further  outbreaks  probable,  he  proclaimed  martial  law  and  took 
military  possession  of  the  city.  As  he  testified  later  before  a  commit 
tee  of  Congress,  "there  was  nothing  else  to  be  done.v  The  following 
is  the  order: 

GENERAL  ORDERS,  \  HEADQUARTERS  DEPARTMENT  OF  LOUISIANA, 

No.  60.  I  New  Orleans,  La.,  July  30,  1866. 

In  consequence  of  the  notorious  and  unlawful  proceedings  of  to-day,  martial  law 
is  proclaimed  in  the  city  of  New  Orleans.  Brevet  Maj.  Gen.  A.  V.  Kautz  is 
appointed  military  governor  of  the  city.  He  wTill  make  his  headquarters  in  the  city 
hall,  and  his  orders  will  be  minutely  obeyed  in  every  particular. 

All  civil  functionaries  will  report  at  once  to  General  Kautz  and  will  be  instructed 
by  him  with  regard  to  such  duties  as  they  may  be  hereafter  required  to  perform. 
By  order  of  Bvt.  Maj.  Gen.  A.  Baird: 

NATHANIEL  BURBANK, 
First  Lieutenant,  Acting  Assistant  Adjutant- General. 

The  same  evening  (Monday,  30th)  the  sheriff  came  to  General  Baird 
with  a  warrant  for  the  arrest  of  certain  members  of  the  convention, 
and  upon  this  the  General  indorsed:  "The  sheriff  will  withhold  action 
on  this  writ  until  further  orders."  This  fact  was  at  once  telegraphed 


140  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

by  Attorney-General  Herron  to  the  President,  with  the  result  that 
the  following  instructions  were  sent  on  the  1st  of  August: 

[Telegram.] 

EXECUTIVE  OFFICE, 
Washington.  D.  ('.,  August  1,  /«%>;. 
Maj.  Gen.  ABSALOM  BAIRD, 

Commanding,  etc.,  New  Orleans,  La.: 

You  will  not  interpose  any  obstacle  in  the  way  of  the  civil  authorities,  but  render 
whatever  aid  may  be  required  by  them  for  the  preservation  of  the  public  peace. 

The  foregoing  telegram  is  transmitted  to  you  by  order  of  the  President.  You  will 
acknowledge  its  receipt. 

E.  D.  TOWNSEND, 
2 1  xsistan t  A djutant-  Gener< 1 1. 

On  receipt  of  these  instructions  General  Baird  sent  for  the  writ 
and  wrote  below  his  former  indorsement:  ';The  necessity  for  the 
above  order  having  ceased  to  exist,  no  further  impediment  will  be 
placed  in  the  way  of  executing  the  writ."  In  consequence  of  this  the 
arrests  were  soon  after  made. 

General  Sheridan  arrived  at  New  Orleans  on  the  1st  of  August  and 
resumed  command.  Having  investigated  the  affair  of  the  30th,  he 
made  the  following  telegraphic  report  to  Washington,  which  he  sup 
plemented  by  another  on  the  2d  and  again  on  the  3d.  To  these  are 
added  the  instructions  of  General  Grant,  dated  0  p.  in.  of.  the  3d: 

OFFICE  UNITED  STATES  MILITARY  TELEGRAPH, 

HEADQUARTERS,  WAR  DEPARTMENT. 

The  following  telegram  received  in  cipher,  6.15  p.  m.,  August  1,  1866,  from  New 
Orleans,  La.,  August  1,  1866: 
U.  S.  GRANT,  General: 

You  are  doubtless  aware  of  the  serious  riot  which  occurred  in  this  city  on  the  30th. 
A  political  body  styling  themselves  the  convention  of  1864  met  on  the  30th  for,  as  it 
is  alleged,  the  purpose  of  remodeling  the  present  constitution  of  the  State.  The 
leaders  were  political  agitators  and  revolutionary  men,  and  the  action  of  the  conven 
tion  was  liable  to  produce  breaches  of  the  public  peace.  I  had  made  up  my  mind 
to  arrest  the  head  men  if  the  proceedings  of  the  convention  were  calculated  to  dis 
turb  the  tranquillity  of  the  department,  but  I  had  no  cause  for  action  until  they  com 
mitted  the  overt  act.  In  the  meantime  official  duty  called  me  to  Texas,  and  the 
mayor  of  the  city  during  my  absence  suppressed  the  convention  by  the  use  of  the 
police  force,  and  in  so  doing  attacked  the  members  of  the  convention  and  a  party  of 
200  negroes  with  firearms,  clubs,  and  knives  in  a  manner  so  unnecessary  and  atro 
cious  as  to  compel  me  to  say  that  it  was  murder.  About  40  whites  and  blacks  were 
thus  killed  and  about  160  wounded.  Everything  is  now  quiet,  'but  I  deem  it  best  to 
maintain  a  military  supremacy  in  the  city  for  a  few  days  until  the  affair  is  fully 
investigated.  I  believe  the  sentiment  of  the  general  community  is  great  regrejt  at 
this  unnecessary  cruelty,  and  that  the  police  «ould  have  made  any  arrest  they  saw 
fit  without  sacrificing  lives. 

P.  H.  SHERIDAN, 
Major-  General,  Commanding. 


KIUTS    AT    NEW    ORLEANS,   JULY    30,   1866.  141 

OFFICE  UNITED  STATES  MILITARY  TELEGRAPH, 

HEADQUARTERS,  WAR  DEPARTMENT. 

The  following  telegram  received  in  cipher,  6  p.  m.,  August  2,  1866,  from  New 
Orleans,  La.,  August  2,  1866: 
Gen.  U.  8.  GRANT,  Washington,  D.  C.: 

The  more  information  I  obtain  of  the  affair  of  the  30th  in  this  city  the  more 
revolting  it  becomes.  It  was  no  riot;  it  was  an  absolute  massacre  by  the  police, 
which  was  not  excelled  in  murderous  cruelty  by  that  of  Fort  Pillow.  It  was  a 
murder  which  the  mayor  and  police  of  this  city  perpetrated  without  the  shadow  of 
a  necessity;  furthermore,  I  believe  it  was  premeditated,  and  every  indication  points 
to  this.  I  recommend  the  removing  of  this  bad  man.  I  believe  it  would  be  hailed 
with  the  sincerest  gratification  by  two-thirds  of  the  population  of  the  city.  There 
has  been  a  feeling  of  insecurity  on  the  part  of  the  people  here  on  account  of  this 
man,  which  is  now  so  much  increased  that  the  safety  of  life  and  property  does  not 
rest  with  the  civil  authorities,  but  with  the  military. 

P.  H.  SHERIDAN, 
Major-  General,  Commanding. 

OFFICE  UNITED  STATES  MILITARY  TELEGRAPH, 

HEADQUARTERS,  WAR  DEPARTMENT. 

The  following  telegram  received  in  cipher,  10  p.  m.,  August  3,  1866,  from  New 
Orleans,  La.,  August  3,  1866: 
Gen.  U.  S.  GRANT,  Washington,  D.  C.: 

I  have  the  honor  to  report  quiet  in  the  city,  but  considerable  excitement  in  the 
public  mind.  There  is  no  interference  on  the  part  of  the  military  with  the  civil 
government,  which  performs  all  its  duties  without  hindrance. 

I  have  permitted  the  retention  of  the  military  governor  appointed  during  my 
absence,  as  it  gives  confidence  and  enables  the  military  to  know  what  is  occurring 
in  the  city.  He  does  not  interfere  with  civil  matters. 

Unless  good  judgment  is  exercised  there  will  be  an  exodus  of  Northern  capital  and 
Union  men,  which  will  be  injurious  to  the  city  and  to  the  country.  I  will  remove 
the  military  governor  in  a  day  or  two.  I  again  strongly  advise  that  some  disposition 
be  made  to  change  the  present  mayor,  as  I  believe  it  would  do  more  to  restore  con 
fidence  than  anything  that  could  be  done.  If  the  present  governor  could  be  changed 
also  it  would  not  be  amiss. 

P.  H.  SHERIDAN, 
Major- General,  Commanding. 

HEADQUARTERS  ARMIES  OF  THE  UNITED  STATES, 

Washington,  D.  C. ,  August  3,  1866. 
Major-General  SHERIDAN,  Xeu-  Orleans,  La.: 

Continue  to  enforce  martial  law  so  far  as  may  be  necessary  to  preserve  the  peace, 
and  do  not  allow  any  of  the  civil  authorities  to  act  if  you  deem  such  action  danger 
ous  to  the  public  safety.  Lose  no  time  in  investigating  and  reporting  the  causes 
that  led  to  the  riot,  and  the  facts  which  occurred. 

U.  S.  GRANT, 

General. 

The  persons  arrested  by  the  military  were  subsequently  released 
without  trial;  the  grand  jury  exculpated  the  city  government  and 
threw  the  onus  of  responsibility  for  the  affair  upon  the  convention. 

The  lieutenant-governor,  the  attorney-general,  and  the  mayor  of 
New  Orleans  united  in  an  exhaustive  report  to  the  President,  in  which 
they  claimed  that  they  had  used  every  possible  effort  to  prevent 


142  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

trouble  on  the  30th  of  July;  that  they  had  been  in  constant  communi 
cation  with  the  military  authorities,  but  that  their  efforts  could  not 
counteract  the  incendiary  counsels  of  those  who  for  sinister  purposes 
had  in  end  this  very  result  in  order  to  reap  a  political  harvest/*  In 
December  a  committee  appointed  by  the  House  of  Representatives 
visited  New  Orleans,  and  having  made  a  thorough  investigation  of  the 
affair  of  July  30  reported  on  the  llth  of  February,  1867,  that  in  the 
opinion  of  the  majority  of  the  committee  "the  condition  of  affairs  in 
Louisiana  requires  temporary  establishment  of  a  provisional  govern 
ment."6  The  reconstruction  bill,  which  had  been  under  debate  during 
the  entire  second  session  of  the  Thirty-ninth  Congress,  passed  on  the 
2d  of  March,  1867,  and  under  its  provisions  Louisiana  was  joined  with 
Texas  to  form  the  fifth  military  district. 

While  domestic  disturbances   and  disorders   within   the   limits   of 
Louisiana  were  by  no  means  wholly  suppressed  during  the  following 

three  years,  the  changed  conditions  were  so  entirely 
^£iSlSSSSSn  novel  in  the  experience  of  both  the  Federal  and  State 

governments  that  a  different  line  of  conduct  was  both 
necessary  and  expedient.  The  State  being  under  military  government, 
the  military  authorities  were  under  obligations  to  preserve  the  peace 
at  all  times  and  under  all  circumstances,  either  with  or  without  the 
concurrence  of  the  civil  officers.  Among  the  first  acts  of  General 
Sheridan,  who  had  been  assigned  to  the  command  of  the  Fifth  Military 
District,  was  the  summary  removal  of  Attorney-General  Herron, 
Mayor  Monroe,  and  Judge  Abell  of  the  district  court  of  New  Orleans, 
all  of  whom  he  regarded  as  responsible  for  the  riots  of  July  30,  1866. 
On  the  3d  of  June  he  removed  Governor  Wells,  as  being  an  impedi 
ment  to  the  faithful  execution  of  the  act  of  March  2,  1867,  and 
appointed  B.  F.  Flanders  as  his  successor.  Subsequently  he  removed 
the  city  treasurer,  the  chief  of  police,  surveyor,  attorney,  and  twenty- 
two  members  of  the  board  of  aldermen  for  similar  reasons.  As  a 
result  of  this  energetic  policy,  which  was  not  in  accord  with  that  of 
the  President,  General  Sheridan  was  relieved  from  the  command  of 
the  Fifth  Military  District  on  the  17th  of  August  and  General  Hancock 
appointed  in  his  place.  A  constitutional  convention  in  which  the 
entire  people  were  represented  met  at  New  Orleans  on  the  23d  of 
November  and  continued  in  session  until  the  9th  of  March,  1868,  and 
under  its  provisions  an  election  took  place  on  the  17th  and  18th  of 
April,  at  which  the  new  constitution  was  adopted  by  a  small  majority, 
and  Henry  C.  Warmoth,  Republican,  elected  governor.  In  the  mean 
while,  General  Hancock  was  relieved  from  the  command  and  was  suc 
ceeded  by  the  senior  officer  in  the  department,  Brevet  Maj.  Gen.  R.  C. 
Buchanan.  On  the  25th  of  June,  1868,  the  act  of  Congress  for  the 

«H.  R.  Ex.  Doc.  No.  68,  Thirty-ninth  Congress,  second  session,  p.  14. 
t>  H.  R.  Report  No.  16,  Thirty-ninth  Congress,  second  session,  596  pages. 


OUTEAGES    IN    FRANKLIN    COUNTY,    JULY,  1868.  143 

readmission  of  the  Southern  States  became  a  law,  and  Louisiana  being 
restored  to  her  status  as  it  existed  before  the  act  of  secession,  this  fact 
was  announced  to  the  people  in  orders  from  military  headquarters,  as 
follows: 

SPECIAL  ORDEKS,  \  HEADQUARTERS  FIFTH  MILITARY  DEPARTMENT, 

No.  154.  <  New  Orleans,  La.,  July  13,  1868. 

*  •*  *  -x-  *  *  * 

2.  The  commanding  general  having  been  officially  notified,  of  the  ratification  of 
the  fourteenth  article  of  amendment  to  the  Constitution  of  the  United  States  by  the 
legislature  of  the  State  of  Louisiana  on  the  9th  instant,  it  becomes  his  duty,  under 
the  act  of  Congress  which  became  a  law  June  25, 1868,  and  the  orders  of  the  General 
of  the  Army,  to  announce  to  the  people  of  the  State  and  to  the  troops  under  his  com 
mand  that  the  provisions  of  the  reconstruction  acts  of  Congress  cease  to  operate  in 
Louisiana  from  this  date.  Military  authority  will  no  longer  be  exercised  under  the 
reconstruction  acts  in  said  State,  and  all  officers  commanding  posts  or  detachments 
are  forbidden  to  interfere  in  civil  affairs,  unless  upon  a  proper  application  by  the 
civil  authorities  to  preserve  the  peace,  or  under  instructions  duly  received  from  the 
commanding  general  of  the  district.  Military  law  no  longer  exists;  the  civil  law  is 

supreme. 

*  -x-  *  *  *  *  -x- 

The  commanding  general  can  not  sever  the  relitions  heretofore  existing  between 
the  State  and  himself  without  congratulating  the  people  upon  an  event  which  fully 
restores  Louisiana  to  her  former  position  among  the  other  States  of  the  Union  and 
to  all  her  rights  under  the  Constitution. 

Peace  and  quiet  marked  the  late  election,  showing  the  softening  influences  of 
mutual  forbearance.  Should  such  forbearance  animate  the  councils  of  the  State,  the 
era  of  kind  feeling  will  return  and  the  highest  prosperity  of  the  people  will  be 
attained. 

That  this  may  be  the  result  under  the  guidance  of  a  merciful  Providence  is  his 
devout  and  earnest  prayer.  May  her  restoration  to  the  benefits  of  our  beloved 
Union  mark  the  commencement  of  a  new  era  of  prosperity  and  happiness  for  her 
people. 

By  command  of  Brevet  Maj.  Gen.  R.  C.  Buchanan: 

THOS.  H.  NEILL, 
Major  Twentieth  Infantry,  Rrei'et  Brigadier- General,  U.  8.  A.,  A.  A.* A.  G. 

These  pleasing  anticipations,  however,  were  not  destined  to  be  imme 
diately  realized.  It  was  inevitable,  in  the  disorganized  condition  of 
society  which  accompanied  the  violent  transition  through  which  these 
States  had  been  passing  for  more  than  eight  years,  that  intense  parti 
san  feelings  should  have  developed  and  that  the  lawless  elements  should 
come  to  the  surface.  Scarcely  had  the  felicitous  congratulations  of 
General  Buchanan  reached  the  communities  to  whom  they  were 
addressed,  when  information  came  from  the  upper  parishes  of  out 
rages,  assassinations,  and  destruction  of  property  exceeding  in  horror 
and  barbarity  the  worst  days  of  the  rebellion.  On  the  10th  of  July 
the  governor  received  a  petition  from  northern  Louisiana  for  relief 
and  protection,  in  which  it  was  asserted  that  more  than  50  murders  had 
occurred  during  the  past  few  days  in  Franklin  County 
in  Franklin  county,  alone.  These  papers  he  at  once  laid  before  the  legis- 

J  uly,  1868.  •*•      *• 

lature,  with  the  result  that  a  resolution  was  passed 
calling  upon  the  President  of  the  United  States  for  the  assistance 


144  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

guaranteed  by  the  Constitution,  it  being  alleged  that  the  courts  were 
powerless  to  execute  the  laws  in  the  disturbed  districts.  This  was 
forwarded  to  Washington  by  a  messenger,  accompanied  by  a  letter 
from  the  governor,  in  which  he  remarked: 

From  the  very  best  information,  Mr.  President,  I  have  no  doubt  that  150  men 
have  been  murdered  in  Louisiana  in  the  last  month  and  a  half.  Startling  as  this 
statement  is,  letters  of  the  most  reliable  character  fully  confirm  it. 

*****  -X-  •* 

It  has  now  transpired  that  the  mob  which  threatened  the  legislature  some  weeks 
since  were  only  prevented  from  enacting  it  on  the  30th  of  July,  1866,  by  the  presence 
of  United  States  troops. 

It  was  a  deliberate  determination  of  this  secret  organization  to  assassinate  the 
lieutenant-governor  and  the  speaker  of  the  house  of  representatives  for  having 
decided  questions,  preliminary  to  the  organization  of  the  general  assembly,  in  a 
manner  obnoxious  to  them.  There  are  military  organizations  on  foot  in  this  city 
under  the  auspices  of  this  secret  organization.  They  drill  openly  in  our  streets  at 
night,  or  in  halls,  easily  to  be  seen. 

In  short,  I  fully  believe  that  there  is  meditated  a  bloody  revolution,  certainly  the 
fruit  of  which  would  be  a  long-continued  if  not  hopeless  confusion  and  disaster  and 
ruin  to  the  State.  The  presence  of  the  United  States  troops,  in  my  judgment,  is 
necessary  to  prevent  this.  The  organization  of  militia  is  of  very  questionable  expe 
diency,  inasmuch  as  it  will  be,  under  the  present  excited  state  of  mind,  one  political 
party  armed  to  the  support  of  the  government  against  another.  I  wish  to  avert  this, 
if  possible,  and  respectfully  request  your  Excellency  to  put  two  regiments  of  cavalry, 
a  regiment  of  infantry,  together  with  a  battery  of  artillery,  under  the  command  of 
some  competent  officer,  with  orders  to  cooperate  with  me  in  repressing  disorder  and 
violence,  arresting  criminals,  and  protecting  the  officers  of  the  law  in  trying  them. 
The  breaking  up  of  all  secret  political  organizations  and  a  few  examples  of  condign 
punishment  of  offenders  will  secure  peace  in  the  State  as  soon  as  the  excitement 
attending  the  present  campaign  is  over. 

As  a  result  of  this  appeal,  General  Buchanan  was  instructed  by  Gen 
eral  Grant  to  maintain  such  a  disposition  of  his  troops  that  they  might  be 
ready  to  act  without  delay  on  the  receipt  of  the  President's  order,  and 
calling  his  attention  to  the  conditions  under  which  the  military  forces 
of  the  United  States  may  be  employed  to  suppress  insurrections  and 
domestic  violence  against  the  government  of  any  State,  as  expressed 
in  section  4,  article  IV  of  the  Constitution,  as  wrell  as  in  the  acts  of 
February  28,  1795,  and  March  3,  1807/'  As  a  consequence  of  these 
instructions,  General  Buchanan,  in  orders  of  September  1,  1868,  thus 
denned  the  official  relations  between  military  commanders  and  United 
States  marshals  and  the  sheriffs  of  parishes  and  counties  and  the  con 
ditions  under  which  assistance  was  to  be  rendered  them.62 

The  sheriff,  being  a  State  officer  usually  appointed  for  a  particular  county  or  parish, 
is  restricted  in  the  execution  of  his  duties  to  the  territorial  limits  of  such  county  or 
parish.  His  right  to  require  the  assistance  of  the  posse  comitatus  is  supreme  within 
such  limits.  He  is  therefore  authorized,  in  cases  of  unlawful  resistance  to  his  author 
ity  clearly  shown  to  exist,  to  require  the  assistance  of  any  troops  serving  within  his 


«  Adjutant-General  Townsend  to  General  Buchanan,  August  10,  1868. 


CONFLICTS    IN    ST.    LANDKY    AND  ST.    BERNARD    PARISHES.        145 

district.  In  such  cases  the  military  commander  will  be  required  to  render  the  assist 
ance  called  for;  provided,  that  in  the  exercise  of  a  sound  discretion  he  is  satisfied 
that  the  necessity  for  such  service  exists.  But  should  he  not  be  thoroughly  satisfied 
of  this,  he  will  decline  to  act  until  he  can  make  a  report  to  and  receive  special 
instructions  from  these  headquarters  in  each  case. 

The  official  relations  of  military  commanders  and  United  States  marshals  are  to  be 
defined  as  follows:  The  marshal,  being  a  United  States  officer,  is  acting  under  the 
same  authority  as  that  which  governs  the  military  commander  himself,  and  his  dis 
trict  being  ordinarily  restricted  to  the  limits  of  the  State,  his  authority  to  call  for 
the  assistance  of  troops  in  cases  arising  out  of  a  resistance  to  the  laws  of  the  United 
States  is  coextensive  with  the  limits  of  such  State.  He  will,  therefore,  have  a  right 
to  call  upon  any  military  commander  within  his  district  for  such  assistance  as  the 
nature  of  the  case  may  require,  but  the  military  commander  will,  as  before  indi 
cated,  exercise  a  sound  discretion  in  deciding  upon  the  necessity  for  the  use  of  his 
troops. 

In  no  case  is  it  deemed  proper  to  consider  a  mere  riotous  demonstration  as  a  case 
calling  for  the  interposition  of  the  military  forces,  which  should  not  be  displayed 
until  it  shall  be  absolutely  necessary  for  them  to  act/' 

During  the  succeeding  months  several  cases  of  riotous  disturbances 
occurred  both  in  New  Orleans  and  in  the  interior  parishes,  and  many 
calls  were  made  for  military  assistance.  On  the  night  of  the  12th  of 
September  all  the  troops  within  reach  were  brought  into  the  city 
upon  a  requisition  of  Governor  Warmoth  to  prevent  an  apprehended 
attack  upon  a  political  procession,  and  again  on  the  22d  of  that  month 
another  serious  disturbance  occurred  in  the  streets  of  New  Orleans, 
during  which  five  persons  were  killed  and  a  large  building  attacked 
and  set  on  fire  before  the  troops  could  be  brought  to  the  scene.  This 
occasioned  the  issuing  of  the  following  proclamation: 

EXECUTIVE  DEPARTMENT,  STATE  OF  LOUISIANA, 

New  Orleans,  September  25,  1868. 

I  call  upon  the  good  people  of  New  Orleans  to  at  once  repair  to  their  residence 
and  abstain  from  any  exciting  acts  or  conversation.  The  civil  authorities  are  capa 
ble  of  suppressing  any  difficulties  that  may  arise  and  arresting  any  offenders,  or,  if 
found  inefficient,  will  be  promptly  assisted  by  the  military. 

I  call  upon  all  political  clubs  to  abstain  from  any  display  whatever  for  the  present. 

H.  C.  WARMOTH, 

Governor  of  Louisiana. 

On  the  28th  occurred  the  climax  of  an  affair  that  had  been  brooding 
for  some  weeks  in  the  parish  of  St.  Landry  between  the  hostile  bands 
of  extreme  political  partisans.  Upon  a  rumor  that  the  editor  of  the 
leading  Republican  paper  had  been  murdered  several  bands  of  armed 
negroes  collected  in  the  county  and  marched  upon  the  town  of  Opelu- 
sas.  The  citizens  went  out  to  meet  them,  and  a  fight  ensued  in  which 
several  persons  were  killed  on  each  side.  Another  similar  affair 
conflicts  occurred  on  the  20th  of  October  in  the  parish  of  St. 

In!t.B?m£dnd    Bernard,  in  which  a  family  of  whites  were  murdered 

and  their  house  burned,  and  in  the  resulting  affray 

eight  or  ten  negroes  were  killed  and  perhaps  twice  as  many  wounded. 

"Circular  No.  2,  Department  of  Louisiana,  New  Orleans,  September  1,  1868. 
S.  Doc.  209 10 


146  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Again  were  the  State  authorities  compelled  to  admit  their  inability  to 
preserve  the  peace  or  to  bring  the  offenders  to  justice.  On  the  26th 
of  October  the  governor  made  the  following  appeal  to  General  Rous 
seau,  who  had  succeeded  General  Buchanan  in  the  command  of  the 
department: 

Maj.  (ien.  L.  H.  ROUSSEAU, 

Commanding  Department  of  Louisiana: 

The  evidence  is  conclusive  that  the  civil  authorities  in  the  parishes  of  Orleans, 
Jefferson,  and  St.  Bernard  are  unable  to  preserve  order  and  protect  the  lives  and 
property  of  the  people.  The  act  of  Congress  prohibiting  the  organization  of  the 
militia  in  this  State  strips  me  of  all  power  to  sustain  them  in  the  discharge  of  their 
duties,  and  I  am  compelled  to  appeal  to  you  to  take  charge  of  the  peace  of  these 
parishes  and  use  your  forces  to  that  end.  If  you  respond  favorably  to  my  request,  I 
will  at  once  order  the  sheriffs  and  police  forces  to  report  to  you  for  orders. 
Very  respectfully,  your  obedient  servant, 

HENRY  C.  WAKMOTH, 

Governor  of  Louisiana. 

This  was  forwarded  at  once  to  Washington  with  request  for  instruc 
tions,  and  General  Rousseau  was  informed  that  he  was  "authorized 
and  expected  to  take  such  action  as  may  be  necessary  to  preserve 
the  peace  and  good  order  and  to  protect  the  lives  and  property  of 
citizens.  "a 

The  following  two  years  were  marked  by  comparative  quiet  through 
out  the  State,  so  that  the  troops  were  gradually  withdrawn,  a  strong 
force  being  maintained  at  New  Orleans  and  the  river  forts.  If  this 
quiet  was  occasionally  interrupted  by  the  political  quarrels  that  were 
constantly  arising  between  two  factions  of  the  dominant  party,  the 
fact  that  they  were  encouraged  by  the  minority  party,  as  it  would  see 
in  the  situation,  from  time  to  time,  an  apparent  advantage,  to  itself, 
created  a  situation  that  prevented,  for  a  time  at  least,  any  serious  out 
break.  In  1871  these  factions  were  divided  between  the  supporters 
and  the  opponents  of  the  governor,  H.  C.  Warmoth,  and  from  the 
opening  of  the  legislature,  in  January,  there  was  more  or  less  bad 
feeling,  manifested  principally  by  occasional  affrays 

at  New  Orleans,  in  the  interior  parishes.  In  July  the  calling  of  a 
Republican  convention,  to  be  held  at  the  custom-house 
in  New  Orleans  on  the  9th  of  August,  was  the  occasion  for  the  devel 
opment  of  this  feeling,  which  culminated  in  the  organized  assembling 
of  large  bodies,  of  the  factions  at  the  capital  for  several  days  before  the 
one  appointed  for  the  meeting.  Early  in  the  morning  of  the  9th  of 
August  from  3,000  to  5,000  excited  whites  and  blacks,  many  of  them 
armed,  had  collected  about  the  custom-house,  and  so  threatening  was 
the  situation  that,  in  order  to  preserve  the  peace,  the  department 
commander  (General  Emory)  ordered  the  troops  from  the  barracks 
to  march  to  the  scene.  Three  companies  of  infantry,  numbering 
perhaps  150  officers  and  men,  with  two  Gatling  guns,  made  their  way 

«  Secretary  of  War  Schofield  to  Brevet  Major-General  Rousseau,  October  26,  1868. 


RIOTS    AT    NEW    ORLEANS,   1871-72.  147 

through  a  howling  crowd  and  occupied  the  custom-house.  The  dis 
putants  then  separated,  one  party  withdrawing  to  a  hall  in  another 
part  of  the  city,  and  order  was  restored."  With  the  assembling  of  the 
legislature,  on  the  1st  of  January,  1872,  the  war  of  the  factions  was 
resumed  with  increased  bitterness.  The  building  occupied  as  a  State 
capitol  was  surrounded  by  an  excited  crowd  exasperated  to  a  high 
degree  by  the  presence  of  an  armed  police  force,  which  had  been 
called  into  existence  by  the  governor,  and  urged  on  by  the  disorderly 
element  of  the  city.  Within,  the  majority  faction  had  proceeded  to 
unseat  its  opponents,  to  depose  their  leader,  the  speaker  of  the  house, 
and  to  expel  the  latter  from  the  building.  The  ex-speaker  (Carter) 
and  his  supporters,  aggregating  very  nearly  a  quorum  of  the  legisla 
ture,  assembled  in  another  hall,  and  were  guarded  by  armed  bodies  of 
their  adherents,  who  hastened  to  New  Orleans  from  all  sections  of  the 
State.  Each  of  these  rival  bodies  sent  put  sergeants-at-arms  to  coerce 
the  attendance  of  their  opponents  in  sufficient  numbers  to  constitute  a 
quorum.  Many  arrests  were  made  on  both  sides,  and  in  the  resist 
ance  to  arrest  several  people  were  wounded  and  one  member  was 
killed.  On  the  20th  of  January  Carter  issued  a  proclamation  declar 
ing  his  intention  to  take  forcible  possession  of  the  capitol  building, 
and  two  days  later  he  appeared  on  Canal  street  at  the  head  of  several 
thousand  men,  many  of  them  armed,  with  the  avowed  purpose  of 
carrying  out  his  threat.  The  governor  assembled  his  armed  police 
force,  and  with  a  mob  behind  him  of  several  thousand,  defied  him. 
Again  did  the  threatening  situation  demand  the  interposition  of  the 
Federal  troops  for  the  preservation  of  the  peace,  and  again  did  the 
timely  interference  of  General  Emory  prevent  an  outbreak  at  a  moment 
when  bloodshed  was  imminent.  The  arrival  of  a  committee  of  Con 
gress  at  this  juncture  prompted  a  compromise,  and  the  legislature 
continued  its  session  until  its  expiration  by  limitation,  on  the  1st  of 
March.6 

The  political  excitement  continued  with  more  or  less  intensity 
throughout  the  year.  Both  factions  of  the  Republican  party  held 
conventions;  the  Warmoth  wing  nominating  William  Pitt  Kellogg  for 
governor;  another  wing  nominating  P.  B.  S.  Pinchback,  a  colored 
man  of  some  ability  and  then  lieutenant-governor  of  the  State,  while 
a  third,  made  up  of  liberal  Republicans  and  Democrats  nominated 
John  McEnery  for  governor  and  D.  B.  Penn  for  lieutenant-governor. 
Pinchback  subsequently  withdrew  and  assumed  to  turn  over  his 
strength  to  Kellogg.  The  returning  board,  of  which  Governor  War- 
moth  was  the  chairman,  and  all  the  other  members  his  appointees, 
declared  that  the  ticket  of  which  McEnery  was  the  head  had  received 

"General  Emory  to  Adjutant-General,  August  9,  1871. 

&  Report  of  select  committee  to  investigate  the  condition  of  affairs  in  Louisiana, 
H.  R.  Report  No.  92,  Forty-second  Congress,  second  session;  H.  R.  Misc.  Doc.  No. 
211,  Forty-second  Congress,  second  session. 


148  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

a  majority  of  the  votes  and  was  elected;  while  another  board,  of  which 
John  Lynch  was  the  chairman,  and  whose  legality  had  been  maintained 
by  the  United  States  court,  declared  the  election  of  Kellogg  and  the 
legislative  ticket  behind  Jiini.  The  members  of  the  legislature  whose 
elections  were  certified  by  the  Lynch  board,  met  at  the  building  occu 
pied  as  the  State  capitol— the  Mechanic's  Institute — on  the  9th  of 
December,  with  Lieutenant-Go vernor  Pinchback  in  the  chair;  sus 
pended  Governor  Warmoth  from  office  pending  his  trial  upon 
impeachment  charges  "for  high  crimes  and  misdemeanors,"  and 
directed  Pinchback  to  assume  the  vacancy.  To  this  proceeding  Gov 
ernor  Warmoth  paid  no  attention  other  than  to  maintain  his  official 
position  supported  by  his  armed  police.  The  Pinchback  legislature 
then  passed  resolutions  calling  upon  the  President  for  the  protection 
accorded  the  States  under  the  Constitution,  which  Pinchback  at  once 
telegraphed  to  Washington.05  The  members  of  the  legislature  whose 
elections  had  been  certified  by  the  Warmoth  board  met  at  the  city 
hall  of  New  Orleans,  which  the  governor  by  a  proclamation  declared 
to  be  u  the  statehouse,"  on  the  llth,  and  were  recognized  by  the 
governor  as  the  legal  body.  At  the  same  time  Warmoth  telegraphed 
the  President  for  a  suspension  of  action  pending  the  arrival  of  a  com 
mittee  then  on  its  way  to  lay  all  the  facts  before  him.66  A  similar 
dispatch  was  also  sent  by  McEnery.70  On  the  12th  the  President,  upon 
information  sent  him  from  reliable  persons  in  New  Orleans,  recog 
nized  Pinchback  as  the  lawful  governor,  and  the  body  assembled  at 
Mechanic's  Institute  as  the  legal  legislature.69  Pinchback  had  removed 
General  Campbell  from  the  command  of  the  State  militia,  composed  of 
white  men  exclusively,  and  appointed  Gen.  James  Long-street  in  his 
place;  but  although  Longstreet  was  exceedingly  popular  with  the 
white  militia,  they  refused  to  recognize  or  to  obey  him.  They  were 
then  ordered  to  surrender  their  arms,  and  on  their  refusal  to  do  so, 
Pinchback's  police,  composed  almost  wholly  of  colored  men,  were 
ordered  to  disarm  them.  On  the  13th  these  two  bodies  confronted 
each  other;  the  militia  numbering  about  500,  fully  armed,  and  possess 
ing  four  field  pieces,  stationed  themselves  at  the  State  armory  and 
arsenal,  which  building  the  armed  police  force  were  ordered  to 
take.  The  militia  announced  their  willingness  to  surrender  to  the 
United  States  troops,  but  defied  the  police.  In  this  juncture  General 
Emory  telegraphed  to  the  War  Department  for"  instructions,73  and 
was  directed  to  use  all  necessary  force  to  preserve  the  peace  and 
to  recognize  the  authority  of  Governor  Pinchback.73  On  the  receipt 
of  this,  General  Emory  sent  one  of  his  aides  to  the  armory  asking  its 
evacuation  and  the  dispersion  of  the  armed  forces.74  This  was 
promptly  complied  with,"  and  thus  for  the  third  time  within  eighteen 


"Message  of  the  President,  January  13,  1873,  relative  to  the  condition  of  affairs  in 
Louisiana.     H.  R.  Ex.  Doe.  No.  91,  Forty-second  Congress,  second  session. 


RIOTS    AT    NEW    ORLEANS,   1871-72.  149 

months  the  passive  interposition  of  the  Federal  military  authority, 
operated  to  prevent  an  outbreak  that  would  have  unquestionably 
resulted  in  a  civil,  if  not  a  race,  war  in  Louisiana. 

Meanwhile  the  committee  of  citizens  had  reached  Washington  and 
laid  their  case  before  the  President.  He  declared  his  unwillingness 
to  further  interfere,  upon  the  ground  that  Congress  was  in  session, 
and  was  about  to  investigate  the  affairs  of  the  State.  He,  however, 
saw  no  reason  why  the  legislature,  which  had  been  recognized  by 
Governor  Warmoth,  should  not  continue  its  meetings  in  order  to 
preserve  its  status,  and  to  that  end  declined  to  furnish  troops  upon 
the  request  of  Governor  Pinchback,  to  disperse  that  assemblage,  so 
long  as  it  did  not  attempt  to  obstruct  the  administration  of  the  recog 
nized  government  of  the  State. a  In  a  special  message  to  Congress, 
dated  February  25,  1873,  the  President  explains  his  position.  "  Dif 
ferent  persons,1'  he  remarks,  "are  claiming  the  executive  offices, 
two  bodies  are  claiming  to  be  the  legislative  assembly  of  the  State, 
and  the  confusion  and  uncertainty  produced  in  this  way  fall  with  par 
alyzing  effect  upon  all  its  interests.  Two  bodies  of  persons 
claimed  to  be  the  returning  board  for  the  State,  and  the  circuit  court 
in  that  case  decided  that  the  one  to  which  Lynch  belonged,  usually 
designated  by  his  name,  was  the  lawful  returning  board;  and  this  deci 
sion  has  been  repeated^  affirmed  by  the  district  and  supreme  courts  of 
the  State.  Having  no  opportunity  or  power  to  canvass  the  votes,  and 
the  exigencies  of  the  case  demanding  an  immediate  decision,  1  con 
ceived  it  to  be  my  duty  to  recognize  those  persons  as  elected  who 
received  and  held  their  credentials  to  office  from  what  then  appeared 
to  me  to  be,  and  has  since  been  decided  by  the  supreme  court  of  the 
State  to  be,  the  legal  returning  board. 

"Conformably  to  the  decisions  of  this  board  a  full  set  of  State 
officers  has  been  installed  and  a  legislative  assembly  organized,  consti 
tuting,  if  not  a  de  jure  at  least  a  de  facto  government,  which,  since 
some  time  in  December  last,  has  had  possession  of  the  offices  and  been 
exercising  the  usual  powers  of  government;  but  opposed  to  this  has 
been  another  government  claiming  to  control  the  affairs  of  the  State, 
and  which  has,  to  some  extent,  been  pro  forma  organized. 

"Recent  investigation  into  said  election  has  developed  so  many 
frauds  and  forgeries  as  to  make  it  doubtful  what  candidates  received 
a  majority  of  the  votes  actually  cast,  and  in  view  of  these  facts  a  variety 
of  action  has  been  proposed.  I  have  no  specific  recommendation  to 
make  upon  the  subject,  but  if  there  is  any  practical  way  of  removing 
these  difficulties  by  legislation,  then  I  earnestly  request  that  such  action 
may  be  taken  at  the  present  session  of  Congress." 

The  President  goes  on  to  say  that  while  it  is  the  province  of  the 
Congress  to  judge  of  the  election  and  qualification  of  the  members  of 

«  Secretary  Belknap  to  General  Sherman,  January  5,  1873. 


150  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

its  respective  Houses,  it  seems  to  him  that  the  decisions  of  State  judicial 
tribunals  as  to  State  offices,  filled  and  held  under  State  laws,  ought  to 
be  respected.  "I  am  extremely  anxious,"  lie  concludes,  "to  avoid 
any  appearance  of  undue  interference  in  State  affairs,  and  if  Congress 
differs  from  me  as  to  what  ought  to  be  done,  I  respectfully  urge  its 
immediate  decision  to  that  effect;  otherwise  I  shall  feel  obliged,  as  far 
as  I  can  by  the  exercise  of  legitimate  authority,  to  put  an  end  to  the 
unhappy  controversy  which  disturbs  the  peace  and  prostrates  the  busi 
ness  of  Louisiana,  by  the  recognition  and  support  of  that  government 
which  is  recognized  and  upheld  by  the  courts  of  the  State.  "a 

The  rival  legislatures  met  at  New  Orleans  on  the  7th  of  January, 
1873,  and  each  organized  and  proceeded  to  business.  There  was  a 
general  suspension  of  business;  the  city  was  crowded  with  excited 
people,  but  the  United  States  troops  from  the  barracks  were  stationed 
at  several  points  in  readiness  to  preserve  order,  and  no  serious  disturb 
ance  occurred.  On  the  14th,  the  day  appointed  for  the  inauguration 
of  the  governor,  there  was  another  excited  crowd  and  a  complete  ces 
sation  of  business;  the  Metropolitan  police,  fully  armed  and  accom 
panied  by  Gatling  guns,  surrounded  Mechanics'  Institute;  armed  bodies 
of  whites  and  blacks  paraded  the  streets.  Kellogg  took  the  oath  of 
office  as  governor  at  noonday  at  the  Mechanics'  Institute,  and  at  the 
same  hour  in  Lafayette  Square  the  same  oath  was  administered  to 
McEnery.  Again  the  United  States  troops  occupied  every  point  of 
vantage,  and  though  the  situation  was  a  grave  one  and  a  conflict 
between  the  excited  people  momentarily  expected,  the  day  passed 
without  any  outbreak. b  For  many  months  the  State  was  practically 
in  a  condition  of  anarchy;  so  much  so  that  a  mass  meeting  of  the  best 
citizens  of  New  Orleans  on  the  1st  of  March  passed  resolutions  calling  on 
the  General  Government  to  withdraw  its  support  of  the  Kellogg  gov 
ernment,  or  else  place  the  State  under  martial  law  pending  a  new 
reconstruction.  On  the  6th  of  March  a  body  of  armed  police  arrested 
the  members  of  the  McEnery  legislature,  placed  them  between  files  of 
guards,  and  marched  them  to  prison.  In  the  river  parishes  there  was 
constant  disorder.  Predatory  bands  of  colored  men  rode  about  burn 
ing  houses  and  threatening  murder  and  outrage,  while  other  bodies  of 
idle  white  men  pursued  them  or  engaged  in  similar  amusement  on  their 
own  account.  A  band  of  some  300  negroes  seized  the  town  of  Colfax 
about  the  1st  of  April;  they  were  moved  upon  by  the  sheriff  with  a 
posse  of  some  150  white  men;  an  engagement  ensued  in  which  about 
60  were  killed  on  both  sides  and  the  court-house  and  its  contents  entirely 
consumed.  Outbreaks  followed  everywhere  throughout  the  State. 
The  governor  called  for  assistance  and  troops  were  sent  to  Colfax,  but 
order  had  been  restored  before  their  arrival.  In  St.  Martins  Parish 


"Message  of  the  President,  February  25,  1873,  upon  the  condition  of  affairs  in 
Louisiana.     (Senate  Ex.  Doc.  No.  47,  Forty-second  Congress,  third  session.) 
&  Documents  75  to  80. 


RIOTS    AT    NEW    ORLEANS,   1871-72.  151 

the  inhabitants  refused  to  pay  taxes  to  the  Kellogg  government;  to 
enforce  their  collection  the  Metropolitan  police  were  sent  to  the  scene 
armed  with  rifles  and  fieldpieces;  the  people  fortified  themselves  and 
successfully  resisted  the  police  for  several  weeks,  or  until  the  arrival 
of  United  States  troops  on  the  1st  of  May,  when  they  surrendered  to 
the  latter  without  offering  the  slightest  resistance,  and  dispersed  to 
their  homes.  They  stated  that  "  while  they  bowed  to  the  mandate  of 
the  United  States,  they  were  in  arms  to  prove  that  throughout  Louisiana 
no  official  of  the  Kellogg  government  could  extort  submission  from 
the  people  save  at  the  point  of  the  bayonet  in  the  hands  of  United 
States  soldiers."  Unable  to  suppress  these  increasing  disorders,  the 
governor  (Kellogg)  again  called  on  the  President  for  aid  under  the 
constitutional  guaranty.  The  latter,  as  he  had  intimated  in  his 
message  of  February  25,  instructed  General  Emory  to  continue  to 
recognize  Governor  Kellogg,  and  on  the  22d  of  May  issued" the  usual 
proclamation  giving  all  turbulent  and  disorderly  persons  twenty  days 
in  which  to  disperse  and  retire  peaceably  to  their  homes.  The  proc 
lamation  was  as  follows: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  under  the  pretense  that  William  P.  Kellogg,  the  present  executive  of 
Louisiana,  and  the  officers  associated  with  him  in  the  State  administration  were  not 
duly  elected,  certain  turbulent  and  disorderly  persons  have  combined  together  with 
force  and  arms  to  resist  the  laws  and  constituted  authorities  of  said  State;  and 

Whereas,  it  has  been  duly  certified  by  the  proper  local  authorities,  and  judicially 
determined  by  the  inferior  and  supreme  courts  of  said  State,  that  said  officers  are 
entitled  to  hold  their  offices  respectively,  and  execute  and  discharge  the  functions 
thereof;  and 

Whereas,  Congress,  at  its  late  session,  upon  a  due  consideration  of  the  subject, 
tacitly  recognized  the  said  executive  and  his  associates  then,  as  now,  in  office,  by 
refusing  to  take  any  action  with  respect  thereto;  and 

Whereas,  it  is  provided  in  the  Constitution  of  the  United  States  that  the  United 
States  shall  protect  every  State  in  this  Union,  on  application  of  the  legislature,  or  of 
the  executive  when  the  legislature  can  not  be  convened,  against  domestic  violence; 
and 

Whereas,  it  is  provided  in  the  laws  of  the  United  States  that  in  all  cases  of  insur 
rection  in  any  State,  or  of  obstruction  to  the  laws  thereof,  it  shall  be  lawful  for  the 
President  of  the  United  States,  on  application  of  the  legislature  of  such  State,  or  of 
the  executive  when  the  legislature  can  not  be  convened,  to  call  forth  the  militia  of 
any  other  State  or  States,  or  to  employ  such  part  of  the  land  and  naval  forces  as  shall 
be  judged  necessary  for  the  purpose  of  suppressing  such  insurrection  or  causing  the 
laws  to  be  duly  executed;  and 

Whereas,  the  legislature  of  said  State  is  not  now  in  session,  and  can  not  be  convened 
in  time  to  meet  the  present  emergency;  and  the  executive  of  said  State,  under  sec 
tion  4  of  Article  IV  of  the  Constitution  of  the  United  States,  and  the  laws  passed  in 
pursuance  thereof,  has  therefore  made  application  to  me  for  such  part  of  the  military 
force  of  the  United  States  as  may  be  necessary  and  adequate  to  protect  said  State  and 
the  citizens  thereof  against  domestic  violence  and  to  enforce  the  due  execution  of 
the  laws;  and 


152  FEDERAL    AID    TN    DOMESTIC    DISTURBANCES. 

Whereas,  it  is  required  that  whenever  it  may  be  necessary,  in  the  judgment  of  the 
President,  to  use  the  military  force  for  the  purpose  aforesaid,  he  shall  forthwith,  by 
proclamation,  command  such  insurgents  to  disperse  and  retire  peaceably  to  their 
respective  homes  within  a  limited  time: 

Now,  therefore,  I,  Ulysses  S.  Grant,  President  of  the  United  States,  do  hereby 
make  proclamation  and  command  said  turbulent  and  disorderly  persons  to  disperse 
and  retire  peaceably  to  their  respective  abodes  within  twenty  days  from  this  date, 
and  hereafter  to  submit  themselves  to  the  laws  and  constituted  authorities  of  said 
State;  and  I  invoke  the  aid  and  cooperation  of  all  good  citizens  thereof  to  uphold 
law  and  preserve  the  public  peace. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
United  States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  22d  day  of  May,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-three  and  of  the  Independence  of  the  United  States 
the  ninety-seventh. 

[SEAL.]  U.  S.  GRANT. 

By  the  President: 

J.  C.  BANCROFP  DAVIS, 

Acting  Secretary  of  State. 

This  tended  to  relieve-  the  situation  of  one  of  its  most  embarrassing 
features,  inasmuch   as  McEnery,  with  whose  cause  the  large  portion 
of   the  white  community  were  in  sympathy,   published   an   address 
counseling  the  people  to  abstain  from  futile  resistance  to  the  General 
Government  and  await  the  action  of  Congress.     This  advice  was  gen 
erally  complied  with  in  New  Orleans,  but  the  disorders  in  the  river 
parishes  continued  with  scarcely  an  abatement.     In  August,  1874,  the 
the  village  of  Coushatta,  in  Red  River  Parish,  became 
coushatta  tragedy,   the  scene  of  a  tragedy  that  rivaled  the  deeds  of  1866. 

August  28,  1874.          »        .j    ,1  a-    1-  ^  i-    •,     j     r 

Amid  the  conflicting  accounts  that  were  elicited  by 
various  .investigating  committees  it  is  difficult  to  arrive  at  the  truth; 
but  it  seems  to  be  agreed  that  on  the  28th  of  August  a  body  of  white 
men,  armed  and  mounted,  assembled  at  the  town  of  Coushatta  for  the 
purpose  of  compelling  the  officers  of  that  parish  to  resign.  The 
sheriff  assembled  a  posse  of  whites  and  blacks  to  resist  them.  This 
posse  of  65  men  were  attacked  by  a  largely  superior  force  and  over 
powered,  some  eight  or  ten  on  both  sides  being  killed  in  the  affray, 
and  surrendered  on  the  condition  that  their  lives  would  be  spared. 
The  following  day  the  objectionable  officials  (Twitch ell,  tax  collector 
and  postmaster;  Dewees,  supervisor  De  Soto  Parish;  Holland,  super 
visor  Red  River  Parish;  Ho  well,  parish  attorney;  Edgerton,  sheriff, 
and  Willis,  justice  of  the  peace,  all  white  men)  were  bound  together, 
two  and  two,  and  conducted  b}7  an  armed  guard  to  a  plantation  just 
over  the  parish  line,  where  they  were  set  upon,  thus  bound  and 
unarmed,  and  deliberately  murdered.  Their  bodies  were  buried 
where  they  fell/'  The  prominence  given  this  outrage  by  the  press 
was  the  signal  for  another  reign  of  terror  in  Louisiana. 

a  Proclamation  of  Governor  Kellogg,  September  3,  1874;  report  of  Capt.  A.  W. 
Allyn,  Sixteenth  Infantry,  to  General  Emory,  dated  Golfax,  La.,  Septembers,  1874. 
(Senate  Ex.  Doc.,  No.  13,  Forty-Third  Congress,  second  session,  p.  17.) 


RIOTS    AT    NEW    ORLEANS,   SEPTEMBER   14,   1874.  153 

On  Monday,  September  14,  at  about  11  a.  in.,  a  mass  meeting  of  5,000 

to  lo,000  people  was  held  at  the  Clay  statue  in  Canal   street,  New 

Orleans,  for  the  avowed  purpose  of  overturning  the  existing  State 

government,  and  deposing  Governor  Kellogg  and  the 

New  Orleans,       other  State  officers  under  him.     Resolutions  to  that 

September  14,  1«74. 

enect  were  adopted  and  a  committee  was  appointed  to 
wait  upon  the  governor  to  demand  his  immediate  abdication.  This 
being  refused,  the  result  was  reported  to  the  Canal  street  meeting, 
which  at  once  recognized  John  McEnery,  who  had  been  the  unsucces- 
ful  candidate  for  governor  in  1872,  as  the  rightful  governor,  and  D.  B. 
Penn  as  lieutenant-governor.  McEnery  being  absent  from  the  State, 
Penn  at  once  assumed  the  position  of  acting  governor  and  circulated 
a  proclamation — which  had  been  prepared  some  days  earlier— calling 
upon  the  militia  of  the  State  to  assemble  forthwith,  "for  the  purpose 
of  driving  the  usurpers  from  power.1'  At  the  same  time  F.  N.  Ogden 
was  appointed  to  the  head  of  the  militia,  with  orders  to  at  once  assume 
command  and  organize  companies  and  battalions. 

To  the  People  of  Louisiana: 

For  two  years  you  have  borne  with  patience  and  fortitude  a  great  wrong.  Through 
fraud  and  violence  the  government  of  your  choice  has  been  overthrown  and  its  power 
usurped.  Protest  after  protest,  appeal  after  appeal  to  the  President  of  the  United 
States  and  to  Congress  have  failed  to  give  you  the  relief  you  had  a  right,  under  the 
Constitution,  to  demand.  The  wrong  has  not  been  repaired.  On  the  contrary, 
through  the  instrumentality  of  partisan  judges,  you  are  debarred  from  all  legal 
remedy.  Day  by  day  taxation  has  been  increasing,  with  costs  and  penalties  amount 
ing  to  the  confiscation  of  your  property,  your  substance  squandered,  your  credit 
ruined,  resulting  in  the  failure  and  bankruptcy 'of  your  valued  institutions.  The 
right  of  suffrage  is  virtually  taken  from  you  by  the  enactment  of  skilfully  devised 
registration  and  election  laws.  The  judicial  branch  of  your  government  has  been 
stricken  down  by  the  conversion  of  the  legal  posse  comitatus  of  the  sheriff  to  the  use 
of  the  usurper,  for  the  purpose  of  defeating  the  decrees  of  the  courts,  his  defiance  of 
the  law  leading  him  to  use  the  very  force  for  the  arrest  of  the  sheriff,  while  engaged 
in  the  execution  of  a  process  of  the  court.  To  these  may  be  added  a  corrupt  and 
vicious  legislature,  making  laws  in  violation  of  the  constitution  for  the  purpose  of 
guarding  and  perpetuating  their  usurped  authority;  a  Metropolitan  police,  paid  by 
the  city,  under  the  control  of  the  usurper,  quartered  upon  you  to  overawe  and  keep 
you  in  subjection. 

Every  public  right  has  been  denied  and,  as  if  to  goad  you  to  desperation,  private 
arms  are  seized  and  individuals  arrested.  To  such  extremities  are  you  drawn  that 
manhood  revolts  at  any  further  submission.  Constrained  from  a  sense  of  duty  as  the 
legally  elected  lieutenant-governor  of  the  State,  acting  governor  in  the  absence  of 
Governor  McEnery,  I  do  hereby  issue  this,  my  proclamation,  calling  upon  the  mili 
tia  of  the  State,  embracing  all  males  between  the  ages  of  18  and  45  years,  without 
regard  to  color  or  previous  condition,  to  arm  and  assemble  under  their  respective 
officers  for  the  purpose  of  driving  the  usurpers  from  power. 

Given  under  my  hand  and  seal,  this  14th  day  c "  September,  1874. 

D.  B.  PENN, 
Lieutenant-  Governor. 

EXECUTIVE  DEPARTMENT,  STATE  OF  LOUISIANA. 


154  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Before  3  o'clock  from  2,000  to  3,000  armed  men  had  assembled  in 
response  to  Penn's  order  at  the  appointed  rendezvous  in  Poydras  street, 
where  a  strong  position  was  taken  and  barricades  erected.  A  half  hour 
later  a  force  of  armed  Metropolitan  police  numbering  some  500  under 
Gen.  James  Longstreet,  who  was  commander  of  the  militia  under  Gov 
ernor  Kellogg,  and  General  Badger,  chief  of  police,  moved  down  Canal 
street  with  several  pieces  of  artillery.  The  opposing  forces  met  about 
4  o'clock  and  a  severe  engagement  ensued,  both  parties  opening  fire 
without  hesitation.  In  this  affray  32  men  were  killed  and  48  severely 
wounded,  some  of  whom  subsequently  died.  Armed  men  continued  to 
come  into  New  Orleans  in  response  to  the  call  until  nearly  10,000  had 
assembled,  so  that  by  nightfall  they  had  entire  possession  of  the  city. 
This  coup  d?etat  having  been  effected,  Penn  sent  the  following  dispatch 
to  Washington: 

NEW  ORLEANS,  September  14,  1874. 
To  U.  S.  GRANT, 

President  of  the  United  States: 

Hopeless  of  all  other  relief,  the  people  of  this  State  have  taken  up  arms  to  main 
tain  the  legal  authority  of  the  persons  elected  by  them  to  the  government  of  the 
State  against  the  usurpers,  who  have  heaped  upon  them  innumerable  insults,  bur 
dens,  and  wrong.  In  so  doing  they  are  supported  by  the  great  body  of  the  intelligent 
and  honest  people  of  the  State.  They  declare  their  unswerving  loyalty  and  respect 
for  the  United  States  Government  and  its  officers.  They  war  only  against  the 
usurpers,  plunderers,  and  enemies  of  the  people.  They  affirm  their  entire  ability  to 
maintain  peace  and  protect  the  life,  liberty,  and  equal  rights  of  all  classes  of  citizens. 
The  property  and  officials  of  the  United  States  it  shall  be  our  special  aim  to  defend 
against  all  assaults  and  to  treat  with  the  profoundest  respect  and  loyalty.  We  only 
ask  of  you  to  withhold  any  aid  or  protection  from  our  enemies  and  the  enemies  of 
Republican  rights,  and  of  the  peace  and  liberties  of  the  people. 

D.  B.  PENN, 
Lieutenant- Governor  and  Acting  Governor. 

At  this  time,  by  a  combination  of  circumstances,  there  were  no 
United  States  troops  in  or  near  the  city.  The  demand  for  troops  in 
the  Red  River  parishes  and  at  Coushatta  had  drawn  from  all  disposable 
sources,  so  that  detachments  were  posted  at  Baton  Rouge,  Monroe, 
Pineville,  Shreveport,  Colfax,  Greenville,  and  a  few  other  minor 
points,  leaving  but  a  small  guard  of  perhaps  16  men  at  Jackson  Bar 
racks.  Meanwhile  the  unexpected  appearance  of  the  yellow  fever 
along  the  Gulf  had  necessitated  the  precautionary  measure  of  with 
drawing  such  of  the  troops  as  were  unacclimated  to  the  interior,  so 
that  at  the  time  which  the  conspirators  had  no  doubt  purposely  fixed 
upon  as  the  date  for  the  culmination  of  their  plans  the  headquarters 
of  the  department  and  all  the  troops  from  New  Orleans  and  the  river 
forts  not  otherwise  employed  were  encamped  at  Holly  Springs,  Miss., 
some  350  miles  distant,  while  the  department  commander,  General 
Emory,  had  availed  himself  of  the  opportunity  to  visit  his  home  in 


RIOTS    AT    NEW    ORLEANS,    SEPTEMBER    14,   1874.  155 

the  North.  The  repulse  of  the  State  police  and  the  increasing  acces 
sions  to  the  Perm  forces  rendered  it  impracticable  for  Governor  Kel- 
iog  to  continue  the  contest.  He  accordingly  called  upon  the  President 
for  help: 

NEW  ORLEANS,  September  14,  1814- 
To  PRESIDENT  GRANT, 

Washington: 

Under  Article  IV,  section  4,  of  the  Constitution  of  the  United  States,  I  have  the  honor 
to  inform  you  that  the  State  is  now  subject  to  domestic  violence  of  a  character  that 
the  State  forces,  under  existing  circumstances,  are  unable  to  suppress,  and  the  legis 
lature  not  being  in  session  and  not  being  able  to  be  convened  within  the  requisite 
time  to  take  action  in  this  matter,  I  respectfully  make  requisition  upon  you  to  take 
measures  to  put  down  the  domestic  violence  and  insurrection  now  prevailing. 

WM.  P.  KELLOGG, 

Governor  of  Louisiana. 

A  small  detachment  of  infantry  had  arrived  from  Jackson,  Miss., 
during  the  afternoon  in  response  to  a  request  from  the  United  States 
marshal,  to  guard  the  custom-house,  and  as  soon  as  intelligence  of  the 
affair  had  reached  Holly  Springs  four  companies  had  been  hurried  to 
the  scene  from  that  point.  These  arrived  about  5  o'clock,  })y  which 
time  General  Longstreet  had  retired  to  the  statehouse,  where  he 
awaited  the  attack  which  was  momentarily  expected.  The  coming  of 
the  troops,  however,  prevented  further  hostilities,  although  the  Penn 
forces  took  possession  during  the  night  of  all  the  State  and  city  prop 
erty,  the  arsenal,  armory,  police,  and  telegraph  stations,  and  occupied 
in  force  the  streets  surrounding  the  statehouse.  The  next  morning 
the  entire  force  of  metropolitan  police  being  entirely  surrounded,  laid 
down  their  arms  and  surrendered  the  statehouse  and  all  its  contents  to 
the  insurgents.  This  having  been  communicated  to  the  President,  he 
issued  the  following  proclamation: 

BY  THE  PRESIDENT  OP  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  it  has  been  satisfactorily  represented  to  me  that  turbulent  and  disorderly 
persons  have  combined  together  with  force  and  arms  to  overthrow  the  State  govern 
ment  of  Louisiana,  and  to  resist  the  laws  and  constituted  authorities  of  said  State;  and 

Whereas,  it  is  provided  in  the  Constitution  of  the  United  States  that  the  United 
States  shall  protect  every  State  in  this  Union,  on  application  of  the  legislature,  or 
of  the  executive,  when  the  legislature  can  not  be  convened,  against  domestic  vio 
lence;  and 

Whereas,  it  is  provided  in  the  laws  of  the  United  States  that,  in  all  cases  of  insur 
rection  in  any  State  or  of  obstruction  to  the  laws  thereof,  it  shall  be  lawful  for  the 
President  of  the  United  States,  on  application  of  the  legislature  of  such  State,  or  of 
the  executive  when  the  legislature  can  not  be  convened,  to  call  forth  the  militia  of 
any  other  State  or  States,  or  to  employ  such  part  of  the  land  and  naval  forces  as 
shall  be  judged  necessary  for  the  purpose  of  suppressing  such  insurrection  or  causing 
the  laws  to  be  duly  executed;  and 

Whereas,  the  legislature  of  said  State  is  not  now  in  session  and  can  not  be  convened 
in  time  to  meet  the  present  emergency,  and  the  executive  of  said  State,  under  sec- 


156  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

tion  4  of  Article  IV  of  the  Constitution  of  the  United  States  and  the  laws  passed  in 
pursuance  thereof,  has  therefore  made  application  to  me  for  such  part  of  the  military 
force  of  the  United  States  as  may  be  necessary  and  adequate  to  protect  said  State  and 
the  citizens  thereof  against  domestic  violence  and  to  enforce  the  due  execution  of 
the  laws;  and 

Whereas,  it  is  required  that  whenever  it  may  be  necessary,  in  the  judgment  of  the 
President,  to  use  the  military  force  for  the  purpose  aforesaid,  he  shall  forthwith  by 
proclamation  command  such  insurgents  to  disperse  and  retire  peaceably  to  their 
respective  homes  within  a  limited  time: 

Now,  therefore,  I,  Ulysses  S.  Grant,  President  of  the  United  States,  do  hereby 
make  proclamation  and  command  said  turbulent  and  disorderly  persons  to  disperse 
and  retire  peaceably  to  their  respective  abodes  within  five  days  from  this  date  and 
hereafter  to  submit  themselves  to  the  laws  and  constituted  authorities  of  said  State; 
and  I  invoke  the  aid  and  cooperation  of  all  good  citizens  thereof  to  uphold  law  and 
preserve  the  public  peace. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
United  States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  15th  day  of  September,  in  the  year  of  our 
Lord  eighteen  hundred  and  seventy-four,  and  of  the  Independence  of  the  United 
States  the  ninety -ninth. 

[SEAL.]  U.  S.  GRANT. 

By  the  President: 
HAMILTON  FISH, 

Secretary  of  Staff. 

To  give  force  and  effect  to  this  proclamation  a  sufficient  force  of 
troops  were  at  once  assembled  at  New  Orleans,  so  that  b}r  the  expira 
tion  of  the  five  days  nearly  two  regiments  of  infantry  and  artillery 
were  on  the  ground  and  a  third  was  en  route  from  Detroit  and  other 
posts  on  the  Great  Lakes.  Upon  his  arrival  at  New  Orleans  General 
Emory  at  once  demanded  the  surrender  of  all  the  State  property  and 
the  immediate  disbanding  of  the  insurgent  forces,  By  this  time  Penn 
had  turned  over  his  functions  to  Mr.  McEnery,  who  had  returned 
to  the.  city,  and  the  latter,  more  discreet  than  his  subordinate,  com 
plied  without  other  than  a  formal  protest.  General  Emory  then 
issued  orders  appointing  Lieut.  Col.  John  R.  Brooke,  Third  Infantry, 
i 'to  command  the  city  of  New  Orleans  until  such  time  as  the  State 
and  city  governments  can  be  recognised;  to  take  possession  of  the 
arms  and  other  State  propert}^  and  to  occupy  the  statehouse,  arsenal, 
and  other  State  buildings  until  further  orders."  This  order  resulted 
in  the  following  correspondence: 

WAR  DEPARTMENT,  ADJUTANT-GENERAL'S  OFFICE, 

Washington,  D.  C.,  September  18,  1874. 
Gen.  W.  H.  EMORY, 

New  Orleans: 

I  am  directed  by  the  President  to  say  that  your  acts  to  this  date,  so  far  as  they 
have  been  reported  and  received  here  officially,  are  approved,  except  so  far  as  they 
name  Colonel  Brooke  to  command  the  city  of  New  Orleans.  It  would  have  been 
better  to  have  named  him  commander  of  the  United  States  forces  in  that  city.  The 
State  government  existing  at  the  time  of  the  beginning  of  the  present  insurrectionary 


RIOTS    AT    NEW    ORLEANS,   SEPTEMBER    14,   1874.  157 

movement  must  be  recognized  as  the  lawful  State  government  until  some  other  State 
government  can  be  legally  supplied.  Upon  the  surrender  of  the  insurgents  you  will 
inform  Governor  Kellogg  of  the  fact  and  give  him  the  necessary  support  to  reestab 
lish  the  authority  of  the  State  government.  If  at  the  end  of  the  five  days  given  in 
the  proclamation  of  the  15th  instant  there  still  exists  armed  resistance  to  the  author 
ities  of  the  State,  you  will  summon  a  surrender  of  the  insurgents.  If  the  surrender 
is  not  quietly  submitted  to,  it  must  be  enforced  at  all  hazards.  This  being  an  insur 
rection  against  the  State  government  of  Louisiana,  to  aid  in  the  suppression  of  which 
this  Government  has  been  called  upon  in  the  forms  required  by  the  Constitution 
and  laws  of  Congress  thereunder,  it  is  not  the  province  of  the  United  States  authori 
ties  to  make  terms  with  parties  engaged  in  such  insurrection. 

E.  D.  TOWNSEND, 

A  djutant-  General. 

To  this,  General  Emory  replied  that  he  had  "placed  Colonel  Brooke 
in  command  of  the  city  as  well  as  in  command  of  the  troops.  Other 
wise  there  would  have  been  anarchy.  Governor  Kellogg  did  not  and 
has  not  yet  called  on  me  for  support  to  reestablish  the  State  govern 
ment.  His  chief  of  police  was  shot  down  and  the  next  in  command 
also,  and  the  whole  force  utterly  dispersed  and  hidden  away  out  of 
sight.  For  one  of  them  to  have  attempted  to  stand  on  his  beat  would 
have  been  certain  destruction,  and  even  now  the  State  authorities, 
represented  by  Governor  Kellogg,  have  asked  to  defer  taking  charge 
for  the  present/1 

McEnery  made  a  formal  surrender  of  all  the  property  that  had  been 
seized  by  Penn  and  his  followers,  at  the  same  time  delivering  a  writ 
ten  protest,  the  language  of  which  is  significant  as  admitting  and  con 
ceding  the  right  of  the  United  States  to  demand  his  surrender.  He 
said: 

GENERAL  BROOKE:  As  the  lawful  and  acting  governor  of  this  State,  I  surrender  to 
you,  as  the  representative  of  the  Government  of  the  United  States,  the  capitol  and 
remainder  of  the  property  in  this  city  belonging  to  the  State.  This  surrender  is  in 
response  to  a  formal  demand  of  General  Emory  for  such  surrender,  or  to  accept  as 
an  alternative  the  levying  of  war  upon  our  government  by  the  military  forces  of  the 
United  States  under  his  command.  As  I  have  already  said  to  General  Emory,  we 
have  neither  the  power  nor  inclination  to  resist  the  Government  of  the  United  States. 
Sir,  I  transfer  to  you  the  guardianship  of  the  rights  and  liberties  of  the  people  of  the 
State,  and  I  trust  and  believe  that  you  will  give  protection  to  all  classes  of  our  citizens, 
ruled  and  ruined  by  a  corrupt  usurpation  presided  over  by  Mr.  Kellogg.  Our  people 
could  bear  the  wrongs,  tyranny,  annoyance,  and  insults  of  that  usurpation  no  longer, 
and  they  arose  in  their  might,  swept  it  from  existence,  and  installed  in  authority 
the  rightful  government,  of  which  I  am  the  head.  All  lovers  of  liberty  throughout 
the  Union  must  admit  the  patriotism  that  aroused  our  people  to  act  as  one  man  and 
throw  off  the  yoke  of  this  odious  usurpation.  I  know  as  a  soldier  you  have  but  to 
obey  the  orders  of  the  Government  of  the  United  States,  but  I  feel  that  you  will 
temper  your  military  control  of  affairs  with  moderation,  and  in  all  things  exhibit 
that  integrity  of  purpose  characteristic  of  officers  of  the  Army.  I  now  hand  over  to 
you,  sir,  the  capitol  and  the  other  property  of  the  State  under  my  charge. 

JOHN  MCENERY. 


158  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Governor  Kellogg  resumed  his  functions  on  the  19th,  having  been 
assured  of  the  necessary  support  of  the  General  Government,"  and 
issued  orders  for  the  resumption  of  their  duties  by  all  the  officials 
who  had  been  deposed,  and  calling  for  a  reorganization  of  the  Metro 
politan  police.  From  this  time  until  the  November  elections  there 
was  constant  excitement  throughout  the  State,  so  that  the  troops  were 
almost  constantly  being  moved  about  to  prevent  anticipated  outbreaks.5 
The  results  of  the  election  were  so  close — fif ty-four  Republicans  being 
returned  to  the  legislature  and  fifty-two  Conservatives,  with  live  dis 
puted  seats — that  it  was  evident  that  the  approaching  assembling  of 
the  legislature  would  be  attended  by  the  usual  violence.  On  the  9th 
of  December  Governor  Kellogg  telegraphed  the  President  as  follows: 

NEW  ORLEANS,  December  ,9,  1874. 
President  GRANT, 

Washington: 

Information  reaches  me  that  the  White  League  purpose  making  an  attack  upon 
the  statehouse,  especially  that  portion  occupied  by  the  treasurer  of  the  State.  The 
organization  is  very  numerous  and  well  armed,  and  the  State  forces  now  available 
are  not  sufficient  to  resist  successfully  any  movement  they  make;  with  a  view  of  pre 
venting  such  an  attempt,  and  the  bloodshed  which  would  be  likely  to  result  should 
an  insurgent  body  again  take  possession  of  the  Statehouse,  and  in  dispersing  them, 
I  respectfully  request  that  a  detachment  of  United  States  troops  be  stationed  in  that 
portion  of  the  Saint  Louis  Hotel  which  is  not  used  for  any  of  the  State  officers,  where 
they  will  be  readily  available  to  prevent  any  such  insurrectionary  movement  as  that 
contemplated. 

WM.  P.  KELLOGG, 

Governor  of  Louisiana. 

To  this  the  President  replied  that  "It  is  exceedingly  unpalatable  to 
use  troops  in  anticipation  of  danger.  Let  the  State  authorities  be- 
right,  and  then  proceed  with  their  duties  without  apprehension  of 
danger.  If  they  are  then  molested,  the  question  will  be  determined 
whether  the  United  States  is  able  to  maintain  law  and  order  within  its 
limits  or  not."  In  view,  however,  of  the  threatening  situation  the 
President  decided  to  send  Lieutenant-General  Sheridan  to  the  scene 
with  the  following  confidential  instructions: 

AVAR  DEPARTMENT, 
Washington,  D.  C.,  December  24,  1874. 
Gen.  P.  H.  SHERIDAN, 

Chicago,  III.: 

GENERAL:  The  President  sent  for  me  this  morning,  and  desires  me  to  say  to  you 
that  he  wishes  you  to  visit  the  States  of  Louisiana  and  Mississippi,  and  especially 
New  Orleans,  La.,  and  Vicksburg  and  Jackson,  Miss.,  and  ascertain  for  yourself  and 
for  his  information  the  general  condition  of  matters  in  those  localities.  You  need 
not  confine  your  visit  to  the  States  of  Louisiana  and  Mississippi,  and  may  extend 

« Message  of  the  President,  January  13,  1875,  in  response  to  Senate  resolution  of 
January  8,  1875. 

t>  Senate  Ex.  Doc.  No.  17,  Forty-third  Congress,  second  session. 


THE    AFFAIR    OF   JANUAEY  '  4,   1875.  159 

your  trip  to  other  States—  Alabama,  etc.  —  if  3-011  see  proper;  nor  need  you  confine 
your  visit  in  the  States  of  Louisiana  and  Mississippi  to  the  places  named.  What  the 
President  desires  is  the  true  condition  of  affairs,  and  to  receive  such  suggestions  from 
you  as  you  may  deem  advisable  and  judicious.  Inclosed  herewith  is  an  order 
authorizing  you  to  assume  command  of  the  Military  Division  of  the  South,  or  any 
portion  of  that  division,  should  you  see  proper  to  do  so.  It  may  be  possible  that 
circumstances  may  arise  which  would  render  this  a  proper  course  to  pursue.  You 
can,  if  you  desire  it,  see  General  McDowrell,  in  Louisville,  and  make  known  to  him 
confidentially  the  object  of  your  trip,  but  this  is  not  required  of  you.  Communica 
tion  with  him  by  you  is  left  entirely  to  your  own  judgment.  Of  course,  you  can 
take  with  you  such  gentlemen  of  your  staff  as  you  wish,  and  it  is  best  that  the  trip 
should  appear  to  be  one  as  much  of  pleasure  as  of  business,  for  the  fact  of  your  mere 
presence  in  the  localities  referred  to  will  have,  it  is  presumed,  a  beneficial  effect. 
The  President  thinks,  and  so  do  I,  that  a  trip  South  might  be  agreeable  to  you,  and 
that  you  might  be  able  to  obtain  a  good  deal  of  information  on  the  subject  about 
which  we  desire  to  learn.  You  can  make  your  return  by  Washington  and  make  a 
verbal  report,  and  also  inform  me  from  time  to  time  of  your  views  and  conclusions. 
Yours,  truly,  etc.. 

WT.  W.  BELKNAP, 

Secretary  of  War. 

General  Sheridan  arrived  in  New  Orleans  on  the  1st  of  January. 
In  a  later  report  he  remarks  that  during  the  few  days  he  was  in  the 
city  prior  to  the  meeting  of  the  legislature  on  the  4th,  the  general 

topic  of  conversation  was  the  scenes  of  bloodshed  that 
Tanuarf^iSTS  were  likely  to  occur  on  that  day,  and  that  he  repeatedly 

heard  threats  of  assassinating  the  governor  and  mem 
bers  of  the  legislature  and  regrets  expressed  that  the  governor  had  not 
been  killed  on  the  1-ith  of  September/'  It  is  in  evidence  that  the  gov 
ernor  was  apprehensive  of  impending  trouble,  and  that  at  his  request, 
and  in  order  to  preserve  the  peace,  General  Emory  consented  to  station 
troops  around  the  building.  It  Avas  no  doubt  owing  to  these  precau 
tions  that  the  statehouse  was  not  seized  on  the  night  of  the  3d.  On 
the  morning  of  the  4th  a  noisy,  disorderly  crowd  filled  the  streets, 
requiring  the  constant  watchfulness  of  the  police  and  the  surveillance 
of  the  troops.  The  legislature  assembled,  however,  without  serious 
disturbance  —  102  legally  returned  members,  of  which  52  were  Repub 
licans  and  50  opposition.  Before  anyone  outside  the  conspirators  was 
aware  of  what  was  intended,  the  leaders  of  the  opposition  proceeded 
to  carry  out  its  plans.  One  Wiltz  jumped  on  the  platform,  seized  the 
speaker's  chair  and  gavel,  and  declared  himself  speaker.  On  motions 
from  the  floor,  and  without  ballots,  he  in  the  same  way  declared  other 
gentlemen  elected  secretary  and  sergeant-at-arms,  and  having  directed 
the  latter  to  appoint  assistants,  a  hundred  or  more  men  scattered  about 
the  hall  suddenly  opened  their  coats,  displaying  badges  on  which  was 
inscribed  "assistant  sergeant-at-arms,"  and  the  minority  were  in  pos 
session  of  the  legislature.  The  excitement  was  intense;  knives  and 


Telegram,  General  Sheridan  to  Secretary  Belknap,  January  8,  1875. 


160  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

pistols  were  drawn;  several  fisticuffs  occurred;  the  shouting  was  so 
deafening  that  little  could  be  heard.  A  committee  was  appointed, 
however,  to  wait  upon  the  commanding  officer  of  the  troops  and  ask 
his  assistance  in  clearing  the  lobby.  This  was  granted  at  once,  and  at 
the  request  of  General  De  Trobriand,  the  senior  officer  present,  the 
crowd  became  quiet  and  peace  was  restored.  The  Republicans  then 
withdrew  from  the  hall  and  presented  their  protest  to  the  governor, 
who  at  once  called  upon  the  commanding  general  to  aid  him  in  restor 
ing  the  status  as  it  was  before  the  illegal  proceedings.  This  request 
also  was  complied  with.  General  De  Trobriand  returned,  accompanied 
by  the  Republican  members.  Five  gentlemen  who  were  not  legally 
elected,  but  had  been  seated  during  the  absence  of  the  Republicans, 
were  removed  from  the  hall.  The  Democrats  then  withdrew  in  a 
bod}r,  and  the  remaining  members  proceeded  with  the  organization. 
"In  all  this  turmoil,"  says  General  Sheridan,  "in  which  bloodshed 
was  imminent,  the  military  posse  behaved  with  great  discretion. 
When  Mr.  Wiltz,  the  usurping  speaker  of  the  house,  called  for  troops 
to  prevent  bloodshed,  they  were  given  him.  When  the  governor  of 
the  State  called  for  a  posse  for  the  same  purpose  and  to  enforce  the 
law,  it  was  furnished  also.  Had  this  not  been  done  it  is  my  firm 
belief  that  scenes  of  bloodshed  would  have  ensued. "rt  The  following 
dispatch6  from  Wiltz  to  the  President  presents  the  affair  from  the 
standpoint  of  his  partly: 

[Telegram.] 

HOUSE  OF  REPRESENTATIVES, 

New  Orleans,  January  4,  1875. 
The  PRESIDENT  OF  THE  UNITED  STATES, 

Washington,  1).  C.: 

I  have  the  honor  to  inform  you  that  the  house  of  representatives  of  this  State  was 
organized  to-day  by  the  election  of  myself  as  speaker,  58  members,  two  more  than 
a  quorum,  voting,  with  a  full  house  present.  More  than  two  hours  after  the  organi 
zation  I  was  informed  by  the  officer  in  command  of  the  United  States  troops  in 
this  city  that  he  had  been  requested  by  Governor  Kellogg  to  remove  certain  mem 
bers  of  the  house  from  the  statehouse,  and  that  under  his  orders  he  was  obliged 
to  comply  with  the  request.  I  protested  against  any  interference  of  the  United 
States  with  the  organization  or  proceedings  of  the  house,  but,  notwithstanding  this, 
the  officer  in  command  marched  a  company  of  soldiers  upon  the  floor  of  the  house 
and  by  force  removed  13  members  who  had  been  legally  and  constitutionally  seated 
as  such,  and  who,  at  time  of  such  forcible. removal,  were  participating  in  the  pro 
ceedings  of  the  house.  In  addition  to  this  the  military  declared  their  purpose  to 
further  interfere  with  force  in  the  business  and  organization  of  this  assembly,  upon 
which  some  fifty-two  members  and  the  speaker  withdrew,  declining  to  participate 
any  longer  in  the  business  of  the  house  under  the  dictation  of  the  military.  As 
speaker  I  respectfully  appeal  to  you  to  know  by  what  authority  and  under  what  law 
the  United  States  Army  interrupted  and  broke  up  a  session  of  the  house  of  repre 
sentatives  of  the  State  of  Louisiana,  and  to  urgently  request  and  demand  that  they 

"Telegram,  General  Sheridan  to  Secretary  Belknap,  January  8,  1875. 
''Senate  Ex.  Doc.  No.  13,  Forty-third  Congress,  second  session,  p.  29. 


THE    AFFAIR    OF   JANUARY    4,   1875.  161 


be  ordered  to  restore  the  house  to  the  position  it  occupied  when  they  so  interfered; 
and,  further,  that  they  be  instructed  that  it  is  no  part  of  their  duty  to  interfere  in 
any  manner  with  the  internal  workings  of  the  general  assembly.  The  house  is  the 
representation  of  the  sovereignty  of  the  State,  and  I  know  of  no  law  which  warrants 
either  the  executive  of  the  State  or  the  United  States  Army  to  interfere  with  its 
organization  or  proceedings. 

Louis  A.  WILTZ, 
Speaker  of  the  House  of  Representatives  of  the  State  of  Louisiana. 

The  excitement  produced  by  the  publication  of  this  affair  was  intense 
throughout  the  country.  At  New  Orleans  the  presence  of  the  troops 
and  the  determined  character  of  General  Sheridan,  who  at  9  p.  m. 
assumed  command  of  the  Department  of  the  Gulf,  sufficed  to  suppress 
any  outbreak,  although  threats  were  freely  made  that  General  Sheridan 
would  be  assassinated,  that  the  United  States  troops  would  be  driven 
from  the  cit}%  and  that  the  Kellogg  government  would  be  deposed, 
the  statehouse  burned,  and  all  Northern  men  removed  from  Louisiana. 
The  following  dispatches  from  and  to  General  Sheridan  were  sent  on 
the  4th,  5th,  and  6th: 

[Telegram.] 

HEADQUARTERS  DIVISION  OF  THE  MISSOURI, 
New  Orleans,  January  4,  1875.      (Received  4 — 11., 45  p.  m. ) 
W.  W.  BELKNAP, 

Secretary  of  War,  Washington,  D.  C.: 

It  is  with  deep  regret  that  I  have  to  announce  to  you  the  existence  in  this  State  of 
a  spirit  of  defiance  to  all  lawful  authority  and  an  insecurity  of  life  which  is  hardly 
realized  by  the  General  Government  or  the  country  at  large.  The  lives  of  citizens 
have  become  so  jeopardized  that  unless  something  is  done  to  give  protection  to  the 
people  all  security  usually  afforded  by  law  will  be  overridden.  Defiance  to  the  laws 
and  the  murder  of  individuals  seems  to  be  looked  upon  by  the  community  here 
from  a  standpoint  which  gives  impunity  to  all  who  choose  to  indulge  in  either,  and 
the  civil  government  appears  powerless  to  punish  or  even  arrest.  I  have  to-night 
assumed  control  over  the  Department  of  the  Gulf. 

P.  H.  SHERIDAN, 
Lieutenant- General,  U.  S.  Army. 

[Telegram  dated  New  Orleans,  January  5,  1875,  received  at  northeast  corner  Fourteenth  street  and 
Pennsylvania  avenue,  4.47  p.  m.] 

W.  W.  BELKNAP, 

Secretary  of  War,  Washington,  D.  C.: 

Please  say  to  the  President  that  he  need  give  himself  no  uneasiness  about  the 
condition  of  affairs  here.  I  will  preserve  the  peace,  which  it  is  not  hard  to  do  with 
the  naval  and  military  forces  in  and  about  the  city,  and  if  Congress  will  declare  the 
White  Leagues  and  other  similar  organizations,  white  or  black,  banditti,  I  will 
relieve  it  from  the  necessity  of  any  special  legislation  for  the  preservation  of 
peace  and  equality  of  rights  in  the  States  of  Louisiana,  Mississippi,  Arkansas,  and  the 
Executive  from  much  of  the  trouble  heretofore  had  in  this  section  of  the  cour^v. 

P.  H.  SHERIDAN 
Lieutenant- General,  U.  S.  Army. 

S.  Doc.  209 11 


162  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

[Telegram  dated  Headquarters  Military  Division  of  the  Missouri,  New  Orleans,  La.,  January  5,1875 

Received  January  5.] 
W.  W.  BELKNAP, 

Secretary  of  War,  Washington,  D.  C.: 

I  think  that  the  terrorism  now  existing  in  Louisiana,  Mississippi,  and  Arkansas 
could  be  entirely  removed  and  confidence  and  fair  dealing  established  by  the  arrest 
and  trial  of  the  ringleaders  of  the  armed  White  Leagues.  If  Congress  would  pass  a 
bill  declaring  them  banditti  they  could  be  tried  by  a  military  commission.  The 
ringleaders  of  this  banditti,  who  murdered  men  here  on  the  14th  of  last  September, 
and  also  more  recently  at  Yicksburg,  Miss.,  should,  in  justice  to  law  and  order  and 
the  peace  and  prosperity  of  this  southern  part  of  the  country,  be  punished.  It  is 
possible  that  if  the  President  would  issue  a  proclamation  declaring  them  banditti,  no 
further  action  need  be  taken,  except  that  which  would  devolve  upon  me. 

P.  H.  SHERIDAN, 
Lieutenant- General,  U.  S.  Army. 

[Telegram  received  in  cipher  January  6,  1875,  from  Lieut.  Gen.  P.  H.  Sheridan,  dated  New  Orleans, 

La.,  January  5, 1875.] 
W.  W.  BELKNAP, 

Secretary  of  War: 

There  is  some  excitement  in  the  rotunda  of  the  St.  Charles  Hotel  to-night  upon  the 
publication  by  the  newspapers  of  my  dispatch  to  you  calling  the  secret  armed  organi 
zation  banditti.  Give  yourself  no  uneasiness.  I  see  my  way  clear  enough  if  you  will 

only  have  confidence. 

P.  H.  SHERIDAN, 
Lieutenant- General,  U.  S.  Army. 
[Telegram.] 

WAR  DEPARTMENT, 
Washington  City,  January  6,  1875. 
Gen.  P.  H.  SHERIDAN, 

New  Orleans,  La.: 
Your  telegrams  all  received.     The  President  and  all  of  us  have  full  confidence  and 

thoroughly  approve  your  course. 

WM.  W.  BELKNAP, 

Secretary  of  War. 
[Telegram.] 

WAR  DEPARTMENT, 

Washington,  January  6,  1875. 
Gen.  P.  H.  SHERIDAN, 

New  Orleans,  La.: 

I  telegraphed  you  hastily  to-day,  answering  your  dispatch.  You  seem  to  fear  that 
we  had  been  misled  by  biased  or  partial  statements  of  your  acts.  Be  assured  that 
the  President  and  Cabinet  confide  in  your  wisdom,  and  rest  in  the  belief  that  all  acts 
of  yours  have  been  and  will  be  judicious.  This  I  intended  to  say  in  my  brief  telegram. 

WM.  W.  BELKNAP, 

Secretary  of  War. 

[Telegram  dated  New  Orleans,  La.,  January  6,  1875.    Received  January  6,  1875.] 

Gen.  W.  W.  BELKNAP, 

Secretary  of  War,  Washington,  D.  C.: 

The  city  is  very  quiet  to-day.  Some  of  the  banditti  made  idle  threats  last  night 
that  they  would  assassinate  me  because  I  dared  to  tell  the  truth.  I  am  not  afraid, 
and  will  not  be  stopped  from  informing  the  Government  that  there  are  localities  in 
this  department  where  the  very  air  has  been  impregated  with  assassination  for  sev 
eral  years. 

P.  II .  SHERIDAN, 

Lieutenant-  General,  Commanding. 


THE    AFFAIR   OF   JANUARY   4,   1875.  163 

[Telegram  dated  New  Orleans,  La.,  January  7, 1875.    Received  January  7,  1875.] 

W.  W.  BELKNAP, 

Secretary  of  War,  Washington,  D.  C.: 

Several  prominent  people  have  for  the  last  few  days  been  passing  resolutions  and 
manufacturing  sensational  protests  for  Northern  political  consumption.  They  seem 
to  be  trying  to  make  martyrs  of  themselves;  it  cannot  be  done  at  this  late  day;  there 
have  been  too  many  bleeding  negroes  and  ostracised  white  citizens  for  their  state 
ments  to  be  believed  by  fair-minded  people.  Bishop  Wilmer  protests  against  my 
telegram  of  the  4th  instant,  forgetting  that  on  Saturday  last  he  testified,  under  oath, 
before  the  Congressional  committee  that  the  condition  of  affairs  here  was  substan 
tially  as  bad  as  reported  by  me.  I  will  soon  send  you  a  statement  of  the  number  of 
murders  committed  in  this  State  during  the  last  three  or  four  years,  the  perpetrators 
of  which  are  still  unpunished.  I  think  that  the  number  will  startle  you;  it  will  be 
up  in  the  thousands.  The  city  is  perfectly  quiet.  No  trouble  is  apprehended. 

P.  H.  SHERIDAN, 
Lieutenant-General,  U.  S.  Army. 

The  President,  in  a  message  dated  January  13,  1875,  in  response  to 
a  Senate  resolution  of  January  8  calling  for  information  in  the  matter, 
uses  the  following  language: 

I  repeat  that  the  task  assumed  by  the  troops  is  not  a  pleasant  one  to  them;  that 
the  Army  is  not  composed  of  lawyers  capable  of  judging  at  a  moment's  notice  of  just 
how  far  they  can  go  in  the  maintenance  of  law  and  order,  and  that  it  was  impossible 
to  give  specific  instructions  providing  for  all  possible  contingencies  that  might  arise. 
The  troops  were  bound  to  act  upon  the  judgment  of  the  commanding  officer  upon 
each  sudden  contingency  that  arose  or  wait  instructions  which  could  only  reach  them 
after  the  threatened  wrongs  had  been  committed  which  they  were  called  on  to  pre 
vent.  It  should  be  recollected,  too,  that  upon  my  recognition  of  the  Kellogg  gov 
ernment  I  reported  the  fact,  with  the  grounds  of  recognition,  to  Congress,  and  asked 
that  body  to  take  action  in  the  matter;  otherwise  I  should  regard  their  silence  as  an 
acquiescence  in  my  course.  No  action  has  been  taken  by  that  body,  and  I  have 
maintained  the  position  then  marked  out. 

If  error  has  been  committed  by  the  Army  in  these  matters,  it  has  always  been  on 
the  side  of  the  preservation  of  good  order,  the  maintenance  of  law,  and  the  protection 
of  life.  Their  bearing  reflects  credit  upon  the  soldiers,  and  if  wrong  has  resulted 
the  blame  is  with  the  turbulent  element  surrounding  them. 

I  now  earnestly  ask  that  such  action  be  taken  by  Congress  as  to  leave  my  duties 
perfectly  clear  in  dealing  with  the  affairs  of  Louisiana,  giving  assurance  at  the  same 
time  that  whatever  may  be  done  by  that  body  in  the  premises  will  be  executed 
according  to  the  spirit  and  letter  of  the  law,  without  fear  or  favor. 

Meanwhile  committees  had  been  sent  to  Louisiana  by  both  Houses 
of  Congress,  and  testimony  taken  from  both  sides,  which  was  fully 
reported  and  debated,  with  the  result  that  before  its  adjournment  the 
House  of  Representatives  recognized  Kellogg  as  the  legal  governor, 
and  on  the  20th  of  March  the  Senate  in  extra  session  passed  the  fol 
lowing  resolution: 

Resolved,  That  the  action  of  the  President  in  protecting  the  government  of  Lou 
isiana,  of  which  W.  P.  Kellogg  is  the  executive,  and  the  people  of  that  State  against 
domestic  violence,  and  enforcing  the  laws  of  the  United  States,  is  approved. 


VII.  POLITICAL  DISTURBANCES  IN  ARKANSAS,  1874. 

The  political  troubles  that  enter  so  largely  into  the  history  of  Loui 
siana  for  the  decade  following  the  civil  war,  had  their  counterpart, 
to  a  greater  or  less  extent,  in  Arkansas;  though  in  but  two  instances 
was  there  a  resort  to  arms  or  occasion  for  the  interposition  of  the 
Federal  troops.  These  instances,  however,  were  of  so  determined  a 
character,  involving  such  extreme  bitterness  and  pertinacity,  that  for 
the  time  they  engrossed  an  unusual  share  of  public  attention  and 
called  for  the  most  earnest  consideration  of  the  General  Government. 
The  disturbances  of  1868  have  already  been  described. 

The  contest  between  Joseph  Brooks  and  Elisha  Baxter,  both  Repub 
licans,  for  the  governorship  of  Arkansas,  had  its  origin  in  1872,  when 
a  faction  of  the  Republican  party  in  convention  at  Cincinnati  having 
nominated  Horace  Greeley  for  the  Presidency,  a  similar  faction  in 
Arkansas  indorsed  that  movement  and  nominated  Joseph  Brooks  for 
governor,  while  the  regular  Republicans  approved  the  administration 
of  President  Grant  and  selected  Elisha  Baxter  as  their  candidate  for 
governor.  The  Democrats,  whose  national  party  had  indorsed  the 
nomination  of  Greeley,  made  no  State  ticket,  but  favored  the  candi 
dacy  of  Brooks.  The  returns,  when  opened  in  the  presence  of  the 
legislature,  as  required  by  law,  showed  41,784  votes  for  Baxter  and 
38,673  for  Brooks,  and  accordingly  the  former  was  declared  elected 
and  was  at  once  inaugurated.  Brooks,  alleging  fraud  at  the  polls, 
petitioned  the  legislature  for  permission  to  contest,  but  his  petition 
was  denied,  as  was  also  his  application  to  the  supreme  court  of  the 
State  for  a  writ  of  quo  warranto.  During  this  time  vague  threats 
seem  to  have  circulated  about  Little  Rock  to  the  effect  that  Brooks,  if 
denied  the  writ,  would  attempt  to  seize  the  executive  office,  and  upon 
this  pretext,  Governor  Baxter  called  out  the  militia.  The  denial  of 
the  writ,  and  the  equanimity  with  wrhich  the  deci- 

mmtia  called  out,    sion  was  received  bv  the  Brooks  partv,  seem  to  have 

June,  1873.  i         j      i         -  ?      ^  i  /»  i 

calmed  the  fears  of  the  governor,  so  that  live  days 
later  he  issued  an  order  mustering  out  the  militia,  in  which  order  he 
takes  occasion  to  explain  his  reasons  for  calling  them  into  service. 

1.  The  peace  of  the  State  having  been  threatened  by  a  combination  of  reckless  and 
bad  men,  having  for  its  purpose  the  violent  and  illegal  overthrow  of  the  State  gov 
ernment,  it  was  deemed  wise  to  prepare  to  meet  such  threatened  revolutionary  action 
164 


POLITICAL   DISTURBANCES   IN   ARKANSAS,  1874.  165 

by  an  organized  force,  sufficient  to  maintain  order,  and  enforce  the  law  against  all 
opposition  thereto,  and  for  that  purpose  alone  the  commander  in  chief  directed  the 
enrollment  and  muster  in  of  the  militia  of  the  State. 

2.  By  the  solemn  judgment  of  the  supreme  court  of  the  State,  the  legality  of  the 
present  State  government  is  now  fully  recognized,  and  the  effort  made  to  overthrow 
it,  through  the  forms  of  law,  declared  illegal  and  unauthorized. 

3.  This  judgment  of  the  supreme  court  puts  the  executive  of  the  State  in  an  atti 
tude  to  appeal  to  the  Executive  power  of  the  Nation  to  suppress  any  illegal,  violent, 
or  revolutionary  action  that  may  be  attempted  to  overthrow  the  State  government 
or  any  of  its  departments;  and  the  executive  of  the  State  has  assurances  that  such  an 
appeal  will  meet  with  a  prompt  response  from  the  President,  should  occasion  to 
make  the  appeal  occur,  which  it  is  believed  will  not  be  the  case. 

Brooks  next  brought  suit  against  Baxter  in  the  circuit  court  of 
Pulaski  Count}T,  under  the  Civil  Code,  which  provides  that  whenever 
a  person  usurps  an  office  or  franchise  to  which  he  is  not  entitled,  an 
action  at  law  may  be  instituted  against  him  either  by  the  State  or  by 
the  part}T  entitled  thereto/'  Baxter  interposed  a  plea  of  non jurisdic 
tion,  but  having  reason  to  believe  that  the  court  was  about  to  decide 
against  him,  addressed  a  communication  to  the  President,  September 
4,  1873,  reciting  the  essential  facts  of  the  controversy  and  asking  that 
Federal  troops  be  sent  to  Little  Rock,  inasmuch  as  the  course  of 
events  may  compel  him  to  resort  to  martial  law.  This  the  President 
refused  on  the  ground  that  the  application  was  not  made  in  accordance 
with  the  provisions  of  the  Constitution.6 

On  the  15th  of  April,  1874,  the  circuit  court  of  Pulaski  County 

rendered  a  judgment  of  ouster  in  favor  of  Brooks,  and  the  latter 

immediately  took  possession  of  the  State  capitol,  which 

Brooks  TIT  /. 

seizes  the  capi toi,  he  surrounded  by  a  strong  guard  of  his  supporters, 
who,  apprised  of  the  forthcoming  judgment,  had  as 
sembled  to  the  number  of  several  hundred.  A  large  quantity  of  arms 
and  ammunition  belonging  to  the  State  had  been  stored  for  safe 
keeping  in  the  United  States  arsenal  at  Little  Rock,  and  for  these 
arms  both  parties  at  once  made  demand.  This  was  refused  and  each 
accordingly  called  upon  the  President: 

[Telegram.] 

EXECUTIVE  OFFICE, 
Little  Rock,  April  15,  1874. 

Having  been  duly  installed  as  governor  of  Arkansas  by  the  judgment  of  a  court,  I 
respectfully  ask  that  the  commanding  officer  at  the  arsenal  be  instructed  to  deliver 
the  arms  belonging  to  the  State,  now  in  his  custody,  or  hold  the  same  subject  to  my 
order. 

Jos.  BROOKS. 
U.  S.  GRANT, 

President,  Washington. 

a  Sec.  525,  Civil  Code  of  Arkansas. 

&  Governor  Baxter  to  President  Grant,  September  4,  1873,  and  Attorney-General 
Williams  to  Governor  Baxter,  September  15,  1873,  in  H.  R.  Ex.  Doc.  No.  229, 
Forty-third  Congress,  first  session. 


166  FEDERAL   AID   IN   DOMESTIC    DISTURBANCES. 

[Telegram.] 

LITTLE  ROCK,  April  1,5,  1874. 
The  PRESIDENT  OF  THE  UNITED  STATES, 

Washington: 

I  have  been  advised  by  public  rurnor  that  in  the  State  circuit  court  for  this  county, 
in  a  long  pending  case  brought  by  Jos.  Brooks  for  the  office  of  governor  of  this  State, 
a  demurrer  to  the  complainant  was  overruled,  and  immediately  judgment  of  ouster 
against  me  given.  This  was  done  in  the  absence  of  counsel  for  me  and  without 
notice,  and  immediately  thereafter  the  circuit  judge  adjourned  his  court.  The  claim 
ant  has  taken  possession  of  the  State  buildings  and  ejected  me  by  force.  I  propose 
to  take  measures  immediately  to  resume  possession  of  the  State  property,  and  to 
maintain  my  authority  as  the  rightful  governor  of  the  State.  Armed  men,  acting 
under  this  revolutionary  movement,  are  now  in  charge  of  the  Government  armory 
and  capitol  buildings.  I  deem  it  my  duty  to  communicate  this  state  of  affairs  to  the 
President.  I  trust  these  revolutionary  acts  may  be  settled  without  bloodshed,  and 
respectfully  ask  the  support  of  the  General  Government  in  my  efforts  to  maintain 
rightful  government  of  the  State  of  Arkansas,  and  that  the  commander  of  the  United 
States  arsenal  at  this  post  be  directed  to  sustain  me  in  that  direction.  I  respectfully 
request  a  reply  to  this  communication  at  an  early  moment. 

ELISHA  BAXTER, 

Governor  of  Arkansas. 

Governor  Baxter  at  once  called  out  the  militia,  those  in  Little  Rock 
promptly  responding,  and  established  his  headquarters  at  St.  John's 
College.  The  ma}^or  of  Little  Rock  endeavored  with  a  meager  police 
force  to  stem  the  tide  of  events,  but  as  the  population  of  the  city 
had  ranged  itself  on  one  or  the  other  side  of  the  controversy,  he  found 
himself  unable  to  keep  the  peace  and  appealed  to  the  officer  in  com 
mand  of  the  United  States  troops  at  Little  Rock  Barracks.  A  large 
number  of  messages  representing  both  parties  were  sent  to  Washing 
ton,  from  the  midst  of  which  there  was  difficulty  in  learning  the  truth 
of  the  situation.  As  yet,  however,  there  seemed  nothing  in  the  case 
warranting  any  interference  upon  the  part  of  the  General  Govern 
ment,  so  that  beyond  instructing  the  United  States  marshal  to  take 
notice  of  existing  troubles  and  notify  the  officer  commanding  the  United 
States  troops  to  prevent  bloodshed,  should  a  collision  be  imminent, 
no  action  was  immediately  had.  On  the  16th,  however,  the  following 
telegrams  were  sent  to  Messrs.  Brooks  and  Baxter,  as  well  as  to  the 
commanding  officer  at  the  barracks. 

[Telegram.] 

DEPARTMENT  OF  JUSTICE, 

Washington,  April  16,  1874- 
Hon.  ELISHA  BAXTER,  Little  Rock,  Ark.: 

I  am  instructed  by  the  President  to  say  in  answer  to  your  dispatch  to  him  of  yes 
terday,  asking  for  the  support  of  the  General  Government  to  sustain  you  in  efforts  to 
maintain  the  rightful  government  in  the  State  of  Arkansas,  that  in  the  first  place 
your  call  is  not  made  in  conformity  with  the  Constitution  and  laws  of  the  United 
States,  and  in  the  second  place,  as  your  controversy  relates  to  your  right  to  hold  a  State 
office,  its  adjudication,  unless  a  case  is  made  under  the  so-called  enforcement  acts  for 
Federal  jurisdiction,  belongs  to  the  State  courts. 


POLITICAL    DISTURBANCES   IN    ARKANSAS,  1874.  167 

If  the  decision  of  which  you  complain  is  erroneous,  there  appears  to  be  no  reason 
why  it  may  not  be  reviewed  and  a  correct  decision  obtained  in  the  supreme  court  of 
the  State. 

GEORGE  H.  WILLIAMS, 

Attorney-  General. 
[Telegram.] 

DEPARTMENT  OF  JUSTICE, 

Washington,  April  16,  1874. 
Hon.  JOSEPH  BROOKS,  Little  Rock,  Ark.: 

I  am  instructed  by  the  President  to  say  in  answer  to  your  dispatch  to  him  of  yes 
terday,  asking  that  the  United  States  commanding  officer  at  the  arsenal  be  instructed 
to  deliver  the  arms  in  his  custody  belonging  to  the  State  to  you,  or  hold  the  same 
subject  to  your  order,  that  he  declines  to  comply  with  your  request,  as  he  is  not 
advised  that  your  right  to  hold  the  office  of  governor  has  been  fully  and  finally  deter 
mined  by  the  courts  of  Arkansas. 

GEORGE  H.  WILLIAMS, 

Attorney-  General. 
[Telegram.] 

WAR  DEPARTMENT,  ADJUTANT-GENERAL'S  OFFICE, 

Washington,  April  16,  1874. 
COMMANDING  OFFICER,  Little  Rock,  Ark.: 

By  direction  of  the  President,  the  Secretary  of  War  instructs  that  you  take  no  part 
in  the  political  controversy  in  the  State  of  Arkansas,  unless  it  should  be  necessary  to 
prevent  bloodshed  or  collision  of  armed  bodies. 
Acknowledge  receipt.  E.  D.  TOWNSEND, 

Adjutant-  General. 

During  the  greater  part  of  the  16th,  Brooks  held  quiet  possession  of 
the  statehouse,  though  it  was  guarded  by  a  force  of  some  250  deter 
mined  men,  fully  armed  and  possessing  two  pieces  of  cannon,  while 
every  incoming  train  brought  accessions  to  his  forces,  no  less  than  to 
those  of  Baxter.  It  looked  for  a  time  as  though  the  latter  would  offer 
no  serious  resistance,  and  that  the  decision  of  the  court  was  to  be 
quietly  acquiesced  in.  So  secure  in  fact  did  Brooks  consider  his  posi 
tion  that  about  noon  he  issued  a  congratulatory  proclamation  addressed 
to  "the  people  of  Arkansas,"  in  which,  having  defined  his  position  and 
announced  his  future  policy,  he  concluded  with  the  following  pacific 
language: 

Efforts  no  doubt  will  be  made  by  designing  men  to  convey  the  impression  that  it 
is  the  duty  of  the  people  to  rally  to  the  standard  of  a  man  who,  no  doubt,  will  claim 
he  is  governor  of  Arkansas,  that  you  all  know  was  not  elected,  and  who  has  no  more 
right  or  claim  to  the  office  than  any  one  of  you  have  that  was  not  a  candidate,  for 
the  purpose  of  placing  that  man  again  in  the  executive  office  [sic] .  I  say  frankly  to 
you  that  all  such  attempts  will  lead  to  strife  and  bloodshed,  for  I  shall  resist  and 
suppress  the  action  of  all  mobs  that  may  assemble  together  under  the  banner  or  at 
the  call  of  Elisha  Baxter!  No  man  in  the  State  can  more  deeply  regret  strife  and 
bloodshed  than  myself.  But  feeling  as  I  do  that  self-government,  rather  than  self- 
aggrandizement,  is  in  the  issue,  I  shall  employ  every  means  to  maintain  its  suprem 
acy.  Elisha  Baxter  forced  me  from  the  legislature  to  the  courts,  and  thus  far  I  have 
patiently  borne  with  the  law's  delay,  at  all  times  feeling  that  justice  would  be  done 
me.  By  the  judgment  of  a  court  of  competent  jurisdiction  I  am  in  the  executive 


168  FEDEKAL    AID    IN    DOMESTIC    DISTURBANCES. 

office.  When  it  is  adjudicated  that  I  am  not  there  legally  I  will  bow  my  head  in 
silence  to  the  decree  of  the  court,  be  it  what  it  may.  The  power  that  Elisha  Baxter 
used  to  force  me  into  the  courts  I  will  use  to  make  him  respect  and  abide  its  decrees. 
To  one  and  all  I  say,  keep  quiet  and  pursue  your  different  vocations;  your  services 
are  not  needed  at  the  capital  to  preserve  either  peace  or  good  order.  Should  the 
time  come  when  they  will  be  needed  you  will  be  notified  in  due  time  through  proper 
channels. 

JOSEPH  BROOKS, 

Governor  of  Arkansas. 

Governor  Baxter,  however,  was  not  idle.  The  cadets  of  St.  John's 
College — young  men  averaging  about  16  years  of  age,  armed  with 
cadet  rifles — were  put  on  guard  about  the  college  grounds,  where  the 
incoming  troops  and  volunteers  were  assembled  as  they  arrived  under 
the  command  of  General  Newton,  the  head  of  the  State  militia.  The 
day  was  fortunately  not  a  propitious  one  for  the  opening  of  a  revolu 
tion — a  fine  and  drizzling  rain  prevailing  throughout  the  day  and  no 
doubt  deterring  both  parties  from  more  active  operations.  About 
dark  Governor  Baxter,  escorted  by  the  cadets  and  some  300  citizens, 
left  the  college  and  took  up  his  quarters  at  the  Anthony  House,  which 
is  in  the  second  block  east  of  the  statehouse,  and  at  once  issued  a 
proclamation  declaring  martial  law  in  Pulaski  County: 

Whereas,  an  armed  rebellion  exists  in  the  county  of  Pulaski  against  the  State 
government  and  it  becomes  necessary  to  employ  all  the  forces  at  my  disposal  to 
suppress  it:  therefore,  by  the  authority  vested  in  me  by  law,  I  hereby  proclaim  the 
existence  of  martial  law  within  said  county,  and  command  all  persons  capable  of 
military  duty  to  assist  in  the  putting  down  of  the  said  rebellion.  During  the  time  that 
martial  law  shall  thus  prevail  every  infringement  of  the  right  of  peaceable  and  well- 
disposed  persons  will  be  severely  punished,  by  whomsoever  it  may  be  committed. 
The  utmost  respect  shall  be  paid  by  all  persons  to  citizens  not  in  arms,  and  to  their 
property,  and  to  that  of  the  Federal  Government. 

In  testimony  whereof,  I,  Elisha  Baxter,  governor  of  the  State  of  Arkansas,  do 
hereby  set  my  hand,  the  private  seal  of  said  State  being  now  not  accessible  to  the 
governor  of  the  State. 

Done  at  Little  Kock,  this  15th  day  of  April,  1874. 

ELISHA  BAXTER, 
Governor  of  Arkansas  and  Commander  in  Chief. 

At  the  same  time  he  issued  orders  placing  Brigadier-Generals 
Churchill  and  Dockery  in  command  of  the  volunteers  and  announcing 
the  latter  as  military  governor  of  the  city.  It  being  difficult  to  pro 
cure  weapons  with  which  to  arm  the  incoming  volunteers,  Governor 
Baxter  took  forcible  possession  of  the  entire  stock  of  arms  and  ammu 
nition  belonging  to  dealers  in  firearms,  and  citizens  possessing  arms  of 
any  kind  were  appealed  to  to  turn  them  over  to  the  State  authorities. 
Sentinels  were  regularly  posted  and  the  city  was  now  in  entire  charge 
of  the  military,  while  every  hour  the  three  railroads  entering  the 
city,  as  well  as  steamboats  at  the  levee,  were  disembarking  recruits 
for  one  or  other  of  the  opposing  camps.  Many  negroes  had  been 
recruited  in  the  counties  along  the  line  of  the  Cairo  and  Fulton;  from 
Lewisburg;  several  hundred  white  men  from  Lee  and  Phillips  counties, 


POLITICAL    DISTURBANCES    IN    ARKANSAS,  1874.  169 

and  these  were  unloaded  from  the  river  boats  by  hundreds  and  marched 
into  the  camp,  to  which  they  were  consigned  like  so  many  cattle; 
many  of  them  without  shoes;  most  without  coats  or  sufficient  clothing; 
all  without  arms.  By  the  19th  the  numbers  of  these  had  increased  to 
an  alarming  extent — the  two  camps  had  swelled  to  the  proportion  of 
armies.  The  situation  was  fraught  with  danger.  Reckless  men 
armed  with  revolvers — whites  and  blacks — roamed  the  streets,  utter 
ing  threats  and  boasting  of  coming  engagements.  Baxter,  having 
decided  to  repossess  himself  of  the  capitol  building,  issued  an  address 
which  concluded  thus: 

The  executive  of  the  State  has  but  one  obligation  to  perform,  that  to  which  he  is 
bound  alike  by  his  duty  as  a  citizen  and  his  official  oath.  The  authority  of  the  law 
will  be  immediately  and  effectually  asserted,  peaceably,  if  may  be,  but  asserted  in 
any  event.  The  government  proposes  to  occupy  the  capitol.  As  governor  of  Arkan 
sas,  I  appeal  to  the  people  of  the  State  to  support  the  government  of  the  State  against 
shameless  usurpation.  Under  the  solemn  obligations  of  my  oath  of  office,  I  renew 
my  promise  to  be  true  to  them.  I  ask  from  them  the  support  which  they  owe  to 

their  chief  magistrate. 

ELISHA  BAXTER, 

Governor  of  Arkansas. 

On  Saturday,  the  18th,  the  situation  increased  in  intensity.  A  little 
after  daylight  a  steamboat  from  Pine  Bluff  arrived  with  300  negroes 
for  Baxter,  followed  by  detachments  from  Howard,  Hempstead,  and 
Saline  counties  to  the  number  of  over  900.  By  this  time  the  police  of 
Little  Rock  were  powerless,  so  that  the  mayor  had  the  night  before 
telegraphed  to  Washington  for  assistance.84  He  stated  that  Gov 
ernor  Baxter  had  put  the  county  under  martial  law;  that  armed  men 
were  patrolling  the  streets,  stopping  unarmed  and  peaceable  citizens, 
setting  the  authority  of  the  city  officers  at  defiance,  and  arresting  the 
police;  that  the  city  is  sure  to  become  a  scene  of  bloodshed.  Under 
these  circumstances,  he  adds: 

I  desire  to  ask  if  the  Federal  Government  is  powerless  to  protect  the  lives  and 
property  of  20,000  inhabitants  who  are  situated  as  we  are.  If  you  will  instruct  the 
officers  in  command  of  the  arsenal  to  aid  the  city  police  in  making  the  arrest  of  men 
who  are  openly  violating  the  law  and  setting  the  same  at  defiance,  I  could  preserve 
the  peace  of  the  city  without  being  compelled  to  take  sides  with  either  of  the  con 
tending  factions.  This  question  of  who  is  the  rightful  governor  can  only  be  settled 
by  the  courts,  a  thing  that  may  not  be  done  for  the  next  twelve  months,  and  I  now 
implore  you  in  the  name  of  peace  to  aid  me  all  in  your  power  until  the  other  ques 
tion  is  settled. a 

To  this  the  Attorney-General  had  replied,  as  follows,  on  the  18th:6 

[Telegram.] 

DEPAETMENT  OF  JUSTICE, 

Washington,  April  18,  1874. 

You  must  be  aware  that  the  President  can  not  interfere  in  the  domestic  difficulties 
of  a  State  except  in  conformity  with  the  Constitution  and  laws  of  the  United  States. 

«  Kramer,  mayor  of  Little  Rock,  to  Attorney-General  Williams,  April  17,  1874. 
(H.  R.  Ex.  Doc.  No.  229,  Forty-third  Congress,  first  session.) 

&  Attorney-General  Williams  to  Mayor  of  Little  Rock,  April  18,  1874.  (H.  R.  Ex. 
Doc.  No.  229,  Forty -third  Congress,  first  session. ) 


170  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

He  can  not  recognize  a  call  made  upon  him  for  military  aid  by  the  mayor  of  a  city. 
He  has  instructed  the  officer  commanding  the  United  States  troops  at  Little  Rock  to 
prevent  bloodshed.  That  is  all  he  can  do  under  existing  circumstances.  I  will  ask, 
in  answer  to  your  inquiry  whether  the  United  States  are  powerless  to  protect  20,000 
people  situated  as  the  citizens  of  Little  Rock  are,  if  the  people  of  Arkansas  have  not 
patriotism  enough  to  allow  a  question  as  to  who  shall  hold  a  State  office  to  be  settled 
peaceably  and  lawfully,  and  not  bring  upon  their  State  the  disgrace  and  ruin  of  civil 
war. 

GEORGE  H.  WILLIAMS, 

Attorney-  General. 
FREDERICK  KRAMER,  Esq., 

Mayor,  Little  Rock,  Ark. 

In  the  meanwhile  Captain  Rose,  the  commanding  officer  of  the  United 
States  troops  at  Little  Rock,  two  companies  of  the  Sixteenth  Infantry, 
had  moved  his  disposable  forces  into  the  city  and  located  them  at  such 
points  between  the  two  camps  as  would  enable  him  to  watch  both  par 
ties  and  prevent  a  collision.  This  accomplished,  he  addressed  the 
following  letter  to  Governor  Baxter  and  sent  a  copy  of  the  same  to 
Brooks: 

HEADQUARTERS  LITTLE  ROCK  BARRACKS, 

Little  Rock,  April  17, 1874. 

SIR:  I  am  informed  by  the  United  States  marshal  of  this  district  that  there  is  dan 
ger  of  a  collision  between  the  forces  under  your  command  and  those  of  certain 
forces  under  the  command  of  Joseph  Brooks. 

I  therefore  have  the  honor  to  enjoin  upon  you  that  you  make  no  movement  with 
your  forces  in  any  direction  in  the  city  of  Little  Rock,  Ark.,  or  its  vicinity,  with  a 
view  to  bring  about  such  a  collision,  or  that  may  bring  on  such  a  collision,  or  to 
make  any  movement  that  may  possibly  bring  about  a  collision  with  the  United 
States  troops  under  my  command,  or  to  impede  any  movement  I  may  wish  to  make 
with  the  troops  of  my  command  to  prevent  the  shedding  of  blood  and  the  collision 
of  armed  forces. 

Very  respectfully,  your  obedient  servant, 

T.  E.  ROSE, 

Captain,  Sixteenth  Infantry,  Commanding  Post. 
Gen.  ELISHA  BAXTER, 

Commanding  Forces  in  the  State  of  Arkansas. 

To  this  each  responded  that  no  hostile  movement  would  be  immedi 
ately  made.  Governor  Baxter,  having  issued  an  order  that  all  tele 
graphic  messages  should  be  inspected  before  transmission,  orders  were 
sent  Captain  Rose  to  take  possession  of  the  telegraph  office  and  see 
that  the  sanctity  of  telegraphic  correspondence  was  maintained.86  To 
this  the  President  added: 

While  the  Government  takes  no  part  in  the  unhappy  state  of  affairs  existing  in 
Arkansas  at  this  time,  you  will  see  that  official  dispatches  of  the  Government, 
whether  from  the  military  or  civil  departments,  are  transmitted  without  molestation 
by  either  of  the  contestants  for  the  gubernatorial  chair. 


POLITICAL   DISTURBANCES    IN   ARKANSAS,  1874.  171 

The  wires  having  been  thus  opened  to  public  use,  both  Brooks  and 
Baxter  now  called  upon  the  President  for  aid  under  the  Constitutional 
guarantee: 

[Telegram.] 

LITTLE  ROCK,  ARK.,  April  19,  1874- 
The  PRESIDENT  OF  THE  UNITED  STATES, 

Washington,  D.  C.: 

A  few  days  since,  in  the  absence  of  my  counsel  and  at  a  time  wholly  unexpected, 
the  circuit  judge  of  this  county,  a  court  of  inferior  jurisdiction,  rendered  judgment 
in  favor  of  Brooks  against  me  for  the  office  of  governor  of  the  State,  and  without 
notice  to  me  or  my  counsel.  I  was  at  once  forcibly  put  out  of  the  office,  and  that 
without  any  pretense  of  a  writ  being  served  on  me.  All  this  was  done,  too,  after  the 
supreme  court  of  this  State  had  twice  decided  that  no  court  in  the  State  had  jurisdic 
tion  of  the  case  at  all  and  the  legislature  alone  had  the  jurisdiction.  At  once,  on 
being  ejected  from  the  office,  I  took  steps  to  restore  myself  and  to  get  possession  of 
the  office  and  to  carry  on  the  government.  The  people  are  coming  to  my  aid  and 
are  ready  to  restore  me  at  once.  In  making  this  organization  I  am  obstructed  by 
the  interference  of  the  United  States  troops  in  displacing  my  guards  from  the  tele 
graph  office;  and  now  it  is  apprehended  that  there  will  be  further  interference. 
Such  interference  breaks  me  down  and  prevents  any  effort  on  my  part  to  restore  the 
State  government  and  to  protect  the  people  in  their  rights.  I  beg  of  you  to  modify 
any  order  to  the  extent  of  such  interference  and  leave  me  free  to  act  in  this  way  to 
restore  law  and  peace  as  the  legitimate  governor  of  the  State.  Such  interference  does 
not  leave  me  any  chance  to  assert  my  claim  to  the  office  of  governor.  In  the  inter 
ests  of  peace  and  of  those  people  who  are  flocking  here  to  my  support  by  the  hun 
dreds,  I  beg  of  you  to  remove  the  United  States  troops  back  to  the  arsenal  and  permit 
me  to  restore  the  legitimate  government  by  my  own  forces,  which  I  will  do  promptly 
if  the  United  States  will  not  interfere.  There  is  an  armed  insurrection  against  the 
legal  State  government  here,  and  I  call  upon  you  to  aid  in  suppressing  it;  but  if  you 
will  not,  then  leave  me  free  to  act,  and  order  the  United  States  troops  without  an 
hour's  delay  to  their  own  ground  and  keep  them  out  of  my  way.  I  have  been 
thwarted  and  delayed  thus  long  and  in  fact  ejected  from  my  office  because  of  the 
fact  that  I  had  heretofore  disbanded  the  militia  of  the  State.  I  make  this  earnest 
demand  to  repress  insurrection  and  prevent  domestic  violence  under  my  sense  of 
duty  to  the  Constitution  and  laws  of  the  United  States  as  well  as  of  the  State  of 
Arkansas,  and  I  rely  confidently,  as  I  have  all  the  time,  upon  the  assurances  con 
tained  in  your  letter  of  September  15,  1873,  to  prevent  the  overflow  of  my  official 
authority  by  illegal  and  disorderly  proceedings.  An  immediate  answer  is  requested; 
otherwise  bloodshed  may  be  the  result, 

ELISHA  BAXTER, 
Governor  of  Arkansas. 

[Telegram.] 

LITTLE  ROCK,  ARK.,  April  20,  1874. 
His  Excellency  U.  S.  GRANT, 

President  of  the  United  States: 

SIR:  I  hereby  inform  you  that  one  Elisha  Baxter,  a  private  citizen,  pretending  to 
be  governor  of  Arkansas,  without  warrant  or  authority  of  law  assumed  to  declare 
martial  law  in  the  capital  county  of  the  State  and  to  appoint  a  pretended  militiary 
governor  of  the  city  of  Little  Rock,  the  seat  of  government;  that  he  called  out  armed 
bodies  of  men  for  the  avowed  purpose  of  attacking  and  capturing  the  capitol  of  the 
State  by  military  force,  and  forcibly  installing  himself  as  governor  of  such  State; 
that  large  bodies  of  armed  men  have  assembled  and  are  continually  assembling 
under  said  Baxter's  proclamation  of  martial  law,  and  are  in  close  proximity  to  the 


172  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

statehouse,  and  have  this  day  actually  advanced  on  the  statehouse  and  confronted 
a  body  of  Federal  troops  stationed  in  front  of  the  statehouse,  under  order  from 
their  commanding  officer,  acting  under  your  command  to  preserve  the  peace,  and 
were  only  prevented  from  making  the  attack  by  the  presence  of  Federal  troops; 
that  these  armed  bodies  have  seized  and  appropriated  private  property,  and  are 
hourly  seizing  and  appropriating  private  property,  without  compensation;  have  con 
scripted  and  are  continually  conscripting  private  citizens,  and  compelling  them  to 
aid  and  abet  them  in  their  insurrectionary  purposes,  and  have  seized  and  are  daily 
seizing  railroads  in  the  State  and  appropriating  them  to  the  same  illegal  and  insur 
rectionary  purposes;  that  there  are  armed  bodies  at  this  moment  assembled  within 
a  few  hundred  yards  of  the  statehouse  and  threaten  an  immediate  attack  upon  it; 
that  the  legislature  adjourned  sine  die  in  April  last,  has  not  since  been  convened,  is 
not  now  in  session,  and  can  not  be  convened  in  time  to  prevent  the  threatened  attack; 
that  domestic  violence  now  actually  exists  in  this  State  and  at  the  seat  of  govern 
ment  which  the  civil  and  military  authorities  under  my  control  are  powerless  to 
prevent  or  suppress.  Therefore  I,  Joseph  Brooks,  governor  of  the  State  of  Arkansas, 
in  pursuance  of  the  Constitution  and  laws  of  the  United  States,  hereby  make  appli 
cation  to  Your  Excellency  to  protect  the  State  capital  and  the  State  of  Arkansas 
against  domestic  violence  and  insurrection. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  great  seal  of 
the  State  to  be  affixed  at  Little  Rock,  this  the  20th  day  of  April,  A.  D.  1874. 

[SEAL.]  JOSEPH  BROOKS, 

Governor. 

By  the  governor: 

EDWARD  CURREY, 

Secretary  of  State  ad  interim. 

Little  Rock  now  presented  the  appearance  of  a  military  camp. 
Fully  10,000  men,  indifferently  armed,  but  organized  into  companies 
and  battalions,  were  being  constantly  drilled  and  maneuvered.  The 
excitement  was  extending  to  the  country  districts.  On  the  21st  a 
body  of  Baxter  men — mostly  colored — while  being  addressed  by  the 
governor,  became  unduly  hilarious  and  discharged  pistols  in  the  air. 
This,  through  a  misapprehension,  became  the  signal  for  some  indis 
criminate  firing.  A  detachment  of  United  States  troops  were  hurried 
to  the  scene  and  the  disturbance  was  promptly  quelled,  but  not  until 
several  had  been  wounded  and  one  aged  noncombatant,  who  was 
sitting  at  a  window  of  the  Anthony  House,  killed.  The  following  day 
Governor  Baxter  proposed  a  settlement  by  the  legislature,  and  the 
following  correspondence  passed  between  him  and  the  President: 

[Telegram.] 

LITTLE  ROCK,  ARK.,  April,  2%,  1874- 
The  PRESIDENT  OF  THE  UNITED  STATES, 

Washington: 

As  I  can  not  move  with  my  troops  to  assert  my  claims  to  the  office  of  governor 
without  a  collision  with  the  United  States  troops,  which  I  will  not  do  under  any 
circumstances,  I  propose  to  call  the  legislature  together  at  an  early  day  and  leave 
them  to  settle  the  question,  as  they  alone  have  the  power.  But  to  do  this,  the  mem 
bers  of  the  legislature  must  have  assurances  of  protection  from  you  and  a  guaranty 
that  they  may  meet  in  safety.  This  will  be  a  peaceable  solution  of  the  difficulty,  and 

I  will  readily  abide  by  the  decision  of  the  legislature. 

ELISHA  BAXTER, 
Governor  of  Arkansas. 


POLITICAL    DISTURBANCES    IN    ARKANSAS,  1874.  173 

[Telegram.] 

EXECUTIVE  MANSION, 

Washington,  April.22,  1874- 
Hon.  ELISHA  BAXTER,  Little  Rock,  Ark.: 

I  heartily  approve  any  adjustment  peaceably  of  the  pending  difficulties  in  Arkansas 
by  means  of  the  legislature  assembly,  the  courts,  or  otherwise. 

I  will  give  all  the  assistance  and  protection  I  can  under  the  Constitution  and  laws 
of  the  United  States  to  such  modes  of  adjustment. 
I  hope  that  the  military  on  both  sides  will  now  be  disbanded. 

U.  S.  GRANT. 

In  harmony  with  this  method  of  settling  a  vexatious  question,  Cap 
tain  Rose  was  instructed  to  retire  with  his  command  to  the  arsenal 
"as  soon  as  danger  to  life  is  no  longer  threatened,  and  leave  the  ques 
tion  to  be  settled  by  the  contestants,  by  the  courts,  or  other  peaceable 
methods."88  That  those  well-meant  dispositions  were  unproductive 
of  any  satisfactory  results  was  perhaps  owing  to  the  excitement  which 
prevailed  throughout  the  State.  Neither  party  was  ready  to  listen  to 
compromise.  The  drilling  went  on  at  Little  Rock  and  reinforcements 
continued  to  arrive  from  the  country,  which  by  this  time  was  thor 
oughly  aroused.  In  the  Brooks  camp,  which  was  composed  of  a  larger 
majority  of  white  men,  there  was  greater  order  and  determination; 
breastworks  were  thrown  up  around  the  yard,  and  preparations  were 
made  for  an  anticipated  siege;  2,000  Springfield  rifles  were  sent  from 
St.  Louis.  Still  large  bodies  of  negroes  had  joined  the  Brooks  forces. 
Some  of  these  were  sent  back,  but  they  assembled  at  points  outside 
the  city  and  threatened  greater  mischief  than  when  under  observation. 
On  the  27th  Governor  Baxter,  who  had  summoned  the  legislature  for 
the  llth  of 'May,  again  made  formal  application  for  Federal  aid,  which 
was  followed  by  a  second  on  the  28th: 

LITTLE  ROCK,  April  27,  1874. 
U.  S.  GRANT,  President: 

On  the  19th  day  of  this  month,  as  governor  of  this  State,  I  telegraphed  you  there 
was  an  armed  insurrection  against  the  legal  government  of  this  State,  and  made  a 
requisition  upon  you  for  aid  to  suppress  it  and  to  prevent  domestic  violence.  I  have 
just  now  been  advised  that  you  never  received  the  requisition.  I  now  take  occasion 
to  say  that  an  armed  insurrection  exists  in  this  State  against  the  lawfully  constituted 
authority  thereof,  and,  as  the  legislature  can  not  meet  until  the  llth  day  of  May,  I 
call  upon  you  for  aid  to  protect  the  State  against  domestic  violence. 

ELISHA  BAXTER, 

Governor  of  Arkansas. 

EXECUTIVE  OFFICE,  STATE  OF  ARKANSAS, 

Little  Rock,  April  28,  1874. 
His  Excellency  the  PRESIDENT  OF  THE  UNITED  STATES: 

I,  Elisha  Baxter,  governor  of  the  State  of  Arkansas,  beg  leave  to  inform  your 
Excellency  that  divers  evil-disposed  persons,  conspiring  the  overthrow  of  the  gov 
ernment  of  the  State  of  Arkansas,  have  unlawfully  and  by  force  of  arms  taken  pos 
session  of  the  capitol  building  and  archives  of  government;  that  the  legislature  is 
not  now  in  session;  that  the  insurrection  aforesaid  has  grown  into  such  magnitude 
as  to  seriously  interfere  with,  if  not  prevent,  the  assembling  of  the  legislature,  which 


174  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

I  have  called  to  convene  at  the  seat  of  government  on  the  llth  day  of  May  next, 
and  can  not  be  suppressed  by  the  State  militia  under  my  command  without  great 
bloodshed  and  loss  of  life. 

Now,  therefore,  pursuant  to  the  provision  of  the  Constitution  of  the  United  States 
in  that  behalf,  I  respectfully  call  on  your  Excellency  for  the  necessary  military  force 
to  suppress  such  insurrection  and  to  protect  the  State  against  the  domestic  violence 
aforesaid. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  private  seal, 
the  seal  of  the  State  being  in  the  hands  of  the  insurgents. 
Done  at  the  capitol  on  the  day  and  year  first  above  written. 
[L.  s.]  ELISHA  BAXTER, 

Governor  of  Arkansas. 
By  the  governor: 

J.  M.  JOHNSON, 

Secretary  of  State. 
By  A.  H.  GARLAND, 

Deputy  Secretary  of  State. 

As  was  to  have  been  expected,  this  excitement  was  not  unproductive 
of  disturbances  throughout  the  State.  At  Pine  Bluff,  where  camps  of 
Brooks  and  Baxter  men  had  been  formed,  an  engagement  of  doubtful 
magnitude  occurred  on  the  30th,  in  which  several  men  were  wounded. 
At  Benton,  in  Saline  County,  two  judges  of  the  supreme  court  were 
arrested  and  held  by  a  military  guard;  troops  were  sent  from  Little 
Rock,  but  the  gentlemen  had  escaped.  On  the  Tth  of  May  a  steam 
boat  having  Baxter  men  on  board  was  fired  upon  by  a  body  of  Brooks's 
men  and  some  20  were  killed  and  wounded  on  both  sides.  On  the  9th, 
10th,  and  12th  there  was  rioting  and  some  firing  in  Little  Rock;  the 
streets  were  barricaded  and  both  camps  under  arms;  several  men  were 
killed  and  numbers  wounded.  Brooks  still  held  the  State  buildings 
and  pretended  to  conduct  the  administration  of  State  affairs,  while 
Baxter's  headquarters  remained  at  the  Anthony  House,  where  he 
received  all  mail  addressed  to  him.  The  Postmaster-General  had 
instructed  the  local  postmasters  to  deliver  to  each  of  the  opponents 
such  mail  as  bore  his  name,  whether  as  "  governor  "  or  otherwise,  and 
to  hold  until  further  orders  all  mail  addressed  simply  "  Governor  of 
Arkansas."  A  constant  excitement  reigned  throughout  the  city;  busi 
ness  was  almost  entirely  suspended;  river  boats  declined  to  land  freight 
at  the  levee;  the  situation  amounted  to  a  commercial  paralysis.  The 
supreme  court  had  met  on  the  Tth  of  May  and  upon  a  collateral  case 
had  held  that  the  circuit  court  of  Pulaski  County  had  jurisdiction  of 
the  subject-matter,  that  its  judgment  was  regular  and  valid,  and  as  a 
consequence  directed  the  State  treasurer  to  honor  Brooks's  warrants. 
This  decision  was  communicated  to  the  President  by  Brooks,  and  on 
the  9th  he  again  made  an  urgent  appeal  for  help. 

[Telegram  dated  Baring  Cross,  Fifth  month,  9, 1874.    Received  at  northeast  corner  Fourteenth  street 
and  Pennsylvania  avenue  at  4.20  p.  m.] 

President  GRANT,  Washington,  D.  C.: 

I  was  elected  to  the  office  of  governor  of  Arkansas  by  a  large  majority  of  votes.  This 
I  have  established  bv  the  proof.  In  the  courts  I  have  been  adjudged  entitled  to  the 


POLITICAL    DISTURBANCES    IN    AEKANSAS,  1874.  175 

office  by  the  circuit  court,  the  only  court  of  general  jurisdiction  in  this  State.  The 
force  and  effect  of  this  judgment  was  submitted  to  the  supreme  court  in  a  proceeding 
which  called  into  question  the  jurisdiction  of  the  circuit  court  and  the  force  and  effect 
of  its  judgment  and  my  right  to  exercise  the  duties  and  office  of  governor,  and  now  the 
supreme  court  has  adjudicated  me  to  be  the  lawful  governor  of  the  State,  and  directed 
the  treasurer  to  honor  my  warrant  on  the  treasury,  to  suppress  violence  and  disorder, 
an  act  that  can  be  performed  only  by  the  governor.  I  in  actual  possession,  and 
exercising  the  functions  of  the  office,  a  formidable  insurrection  and  armed  rebellion 
against  the  right  and  lawful  authorities  exists,  actual  conflict  wages,  and  several  lives 
have  been  lost.  It  is  my  duty  to  defend  the  government  I  have  sworn  to  administer. 
I  have  appealed  and  do  now  appeal  to  Qour  Excellency  as  Chief  Magistrate  of  the 
United  States  for  assistance  to  quell  insurrection  and  domestic  violence.  Two  days 
have  the  insurgents  projected  a  desperate  struggle  to  gain  possession  of  the  state- 
house  and  public  property.  I  am  able  to  hold  the  situation  against  all  the  force  the 
insurgents  can  rally,  but  prompt  recognition  and  interposition  on  your  part  would 
prevent  the  effusion  of  much  blood. 

JOSEPH  BROOKS, 

Governor  of  Arkansas. 

Meanwhile  the  Congressional  delegation  at  Washington,  together 
with  attorneys  representing  the  two  factions,  were  endeavoring  to 
effect  a  compromise.  On  the  9th  of  May  these  parties  had  reached  an 
agreement  by  which  the  entire  question  was  to  be  left  to  an  extra  ses 
sion  of  the  legislature,  to  be  convened  on  the  fourth  Monday  in  May, 
each  contestant  in  the  meantime  to  disband  and  send  home  his  troops, 
retaining,  if  desirable,  a  small  bodyguard  at  Little  Rock  not  to  exceed 
one  company,  but  preserving  absolute  peace  and  noninterference. 
This  proposition  was  accepted  by  Brooks90  but  rejected  by  Baxter,89 
so  that  matters  remained  as  before.  The  legislature  was  to  meet  on 
the  llth  of  Ma}7,  but  the  adherents  of  Brooks  now  decided  to  prevent 
the  assembling  of  a  quorum,  and  to  assist  in  this  scheme  seized  the 
trains  of  the  Little  Rock,  Fort  Smith  and  Memphis  Road,  so  that  mem 
bers  from  the  northern  part  of  the  State  were  unable  to  reach  the  cap 
ital.  Those  members  of  the  legislature  who  succeeded  in  reaching 
Little  Rock,  twenty-nine  in  number,  telegraphed  the  President  for 
protection.91  The  latter,  unwilling  to  believe  that  the  opportunity  for 
compromise  had  entirety  passed,  now  proposed  that  the  legislature 
meet  and  adjourn  for  a  time — ten  days,  for  example — in  order  to  allow 
a  quorum  to  respond,  and  to  effect  this  plan  promised  the  protection 
of  the  troops.94  This  was  agreed  to  conditionally  by  Baxter  but 
rejected  by  Brooks.95  This  seems  to  be  regarded  as  the  point  at  which 
the  patience  of  all  the  friends  of  compromise  at  Washington  was 
exhausted.  The  President  was  exceedingly  anxious  that  a  settlement 
should  be  reached  and  extremely  desirous  that  it  be  accomplished  with 
out  the  necessity  of  exercising  his  judicial  power.  The  forces  on  both 
sides  were  being  augmented,  collisions  more  frequent,  appeals  from 
business  men  and  nonpoliticians  for  interposition  more  urgent.  The 
case  had  been  in  the  hands  of  the  Attorney-General  for  some  days  and 


176  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

the  latter  had  reached  an  opinion,  but  the  President  still  hesitated  to 
adopt  it.  On  the  13th  of  May  the  legislature  succeeded  in  reaching  a 
quorum  and  at  once  passed  the  following  resolutions: 

Whereas,  the  legislature  of  the  State  of  Arkansas  has  convened,  a  quorum  of  each 
house  being  present;  and  whereas,  the  capital  of  our  State  is  occupied  by  armed  and 
contending  forces;  and  whereas,  the  statehouse  is  now  in  possession  of  armed  troops: 
Therefore,  be  it 

Resolved  by  the  general  assembly  of  the  State  of  Arkansas,  That  the  President  of  the 
United  States  be,  and  is  hereby,  requested  to  put  the  legislature  in  possession  of  the 
legislative  halls,  and  that  the  public  property  in  the  statehouse  square  be  placed 
under  the  supervision  and  the  control  of  this  body,  the  legal  custodian  thereof  while 
in  session,  and  that  he  make  such  order  for  the  disposition  of  said  armed  and  con 
tending  forces  as  will  more  perfectly  protect  the  State  against  domestic  violence,  and 
insure  this  body  due  protection,  and  that  a  duly  certified  copy  of  this  resolution  be 
at  once  forwarded  to  the  President  of  the  United  States. 

On  receipt  of  this  the  President  issued  the  following  proclamation 
recognizing  Baxter  as  the  legal  governor,  and  directing  all  turbulent 
and  disorderly  persons  to  disperse  and  retire  peaceably 
74Zed)  to  ^e^r  nomes  within  ten  days.  At  the  same  time 
instructions  were  sent  to  General  Emory,  commanding 
the  Department  of  the  Gulf,  to  instruct  the  commanding  officers  of  all 
troops  in  Arkansas  to  recognize  Baxter  as  the  legal  governor  and 
to  afford  him  all  the  protection  in  that  position  which  the  case  may 
demand: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  certain  turbulent  and  disorderly  persons,  pretending  that  Elisha  Baxter, 
the  present  executive  of  Arkansas,  was  not  elected,  have  combined  together  with 
force  and  arms  to  resist  his  authority  as  such  executive  and  other  authorities  of  said 
State;  and 

Whereas,  said  Elisha  Baxter  has  been  declared  duly  elected  by  the  general  assem 
bly  of  said  State  as  provided  in  the  constitution  thereof,  and  has  for  a  long  period 
been  exercising  the  functions  of  said  office,  into  which  he  was  inducted  according  to 
the  constitution  and  laws  of  said  State,  and  ought  by  its  citizens  to  be  considered  as 
the  lawful  executive  thereof;  and 

Whereas,  it  is  provided  in  the  Constitution  of  the  United  States  that  the  United 
States  shall  protect  every  State  in  the  Union,  on  application  of  the  legislature,  or  of 
the  executive  when  the  legislature  can  not  be  convened,  against  domestic  violence; 
and 

Whereas,  said  Elisha  Baxter,  under  section  4  of  Article  IV  of  the  Constitution  of 
the  United  States  and  the  laws  passed  in  pursuance  thereof,  has  heretofore  made 
application  to  me  to  protect  said  State  and  the  citizens  thereof  against  domestic  vio 
lence;  and 

Whereas,  the  general  assembly  of  said  State  was  convened  in  extra  session  at  the 
capital  thereof  on  the  llth  instant,  pursuant  to  a  call  made  by  said  Elisha  Baxter, 
and  both  houses  thereof  have  passed  a  joint  resolution  also  applying  to  me  to  protect 
the  State  against  domestic  violence;  and 

Whereas,  it  is  provided  in  the  laws  of  the  United  States  that  in  all  cases  of  insur 
rection  in  any  State,  or  of  obstruction  to  the  laws  thereof,  it  shall  be  lawful  for  the 
President  of  the  United  States,  on  application  of  the  legislature  of  such  State,  or  of 


POLITICAL    DISTURBANCES    IN    ARKANSAS,  1874.  177 

the  executive  when  the  legislature  can  not  be  convened,  to  employ  such  part  of  the 
land  and  naval  forces  as  shall  be  judged  necessary  for  the  purpose  of  suppressing 
such  insurrection,  or  causing  the  laws  to  be  duly  executed;  and 

Whereas,  it  is  required  that  whenever  it  may  be  necessary,  in  the  judgment  of  the 
President,  to  use  the  military  force  for  the  purpose  aforesaid,  he  shall  forthwith,  by 
proclamation,  command  such  insurgents  to  disperse  and  retire  peaceably  to  their 
respective  homes  within  a  limited  time : 

Now,  therefore,  I,  Ulysses  S.  Grant,  President  of  the  United  States,  do  hereby 
make  proclamation  and  command  all  turbulent  and  disorderly  persons  to  disperse 
and  retire  peaceably  to  their  respective  abodes  within  ten  days  from  this  date,  and 
hereafter  to  submit  themselves  to  the  lawful  authority  of  said  executive  and  the 
other  constituted  authorities  of  said  State;  and  I  invoke  the  aid  and  cooperation  of 
all  good  citizens  thereof  to  uphold  law  and  preserve  public  peace. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  United 
States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  15th  day  of  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventy-four,  and  of  the  Independence  of  the 
United  States  the  ninety-eighth. 

[SEAL.]  U.  S.  GRANT. 

By  the  President: 
HAMILTON  FISH, 

Secretary  of  State. 

WAR  DEPARTMENT, 
ADJUTANT-GENERAL'S  OFFICE, 

Washington,  May  16,  187 4. 

GENERAL:  I  am  instructed  by  the  Secretary  of  War  to  communicate  to  you  the  fol 
lowing  orders  of  the  President  and  to  request  you  will  direct  the  commanding  officer 
at  Little  Rock,  Capt.  Thos.  E.  Rose,  Sixteenth  Infantry,  by  telegraph  to  see  that 
they  are  properly  carried  out: 

The  President  directs  that,  as  his  proclamation  recognizing  Baxter  as  lawful  gov 
ernor  has  been  issued,  he  is  to  be  protected  in  that  position  by  the  United  States 
forces,  if  necessary. 

I  am,  General,  very  respectfully,  your  obedient  servant, 

E.  D.  TOWNSEND, 

A  djutant-  General. 
Gen.  W.  T.  SHERMAN,  U.  S.  Army. 

[Telegram.] 

HEADQUARTERS,  ARMY  OF  THE  UNITED  STATES, 

Washington,  D.  C.,  May  16,  1874- 
Gen.  W.  H.  EMORY, 

Commanding  Department  of  the  Gulf,  New  Orleans,  La.: 

The  President  has  recognized  Governor  Baxter  as  the  legal  governor  of  Arkansas 
by  his  proclamation  of  yesterday.  You  will  accordingly  instruct  the  commanding 
officer  at  Little  Rock,  and  all  other  garrisons  serving  in  Arkansas,  to  recognize  Gov 
ernor  Baxter  as  the  legal  governor  of  that  State  and  afford  him  all  the  protection  in 
that  position  which  the  case  calls  for. 
By  command  of  General  Sherman: 

WM.  D.  WHIFFLE, 
Assistant  Adjutant- General. 

The  reasons  for  this  recognition  are  fully  set  forth  in  the  opinion 
of  Attorney-General  Williams,  dated  May  15,  1874,"  and  are  substan- 


«XIVOpin.,  391. 
S.  Doc.  209 12 


178  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

tially  those  adopted  by  the  supreme  court  of  the  State  in  denying  the 
writ  of  qno  warranto  "that  the  courts  of  the  State  had  no  right  to 
hear  and  determine  the  question  presented,  because  exclusive  jurisdic 
tion  in  such  cases  had  been  conferred  upon  the  general  assembly  by 
the  constitution  and  laws  of  the  State."  In  giving  this  opinion  the 
Attorney-General  remarked : 

Section  4,  Article  IV  of  the  Constitution  of  the  United  States  is  as  follows:  "  The 
United  States  shall  guarantee  to  every  State  in  this  Union  a  republican  form  of  gov 
ernment,  and  shall  protect  each  of  them  against  invasipn,  and,  on  application  of  the 
legislature,  or  of  the  executive  (when  the  legislature  can  not  be  convened),  against 
domestic  violence."  When,  in  pursuance  of  this  provision  of  the  Constitution,  the 
President  is  called  upon  by  the  executive  of  a  State  to  protect  it  against  domestic 
violence,  it  appears  to  be  his  duty  to  give  the  required  aid,  especially  when  there  is 
no  doubt  about  the  existence  of  the  domestic  violence;  but  where  two  persons,  each 
claiming  to  be  governor,  make  calls  respectively  upon  the  President,  under  said 
clause  of  the  Constitution,  it,  of  course,  becomes  necessary  for  him  to  determine  in 
the  first  place  which  of  said  persons  is  the  constitutional  governor  of  the  State. 
*  *  *  *  *  *  # 

It  is  assumed  in  the  argument  for  Brooks  that  the  judgment  of  the  Pulaski  circuit 
court  is  binding  as  well  upon  the  President  as  upon  Baxter  until  it  is  reversed;  but 
where  there  are  conflicting  decisions,  as  in  this  case,  the  President  is  to  prefer  that 
one  which,  in  his  opinion,  is  warranted  by  the  constitution  and  laws  of  the  State. 

The  general  assembly  has  decided  that  Baxter  was  elected.  The  circuit  court  of 
Pulaski  County  has  decided  that  Brooks  was  elected.  -Taking  the  provision  of  the 
constitution  which  declares  that  contested  elections  about  certain  State  officers, 
including  the  governor,  shall  be  determined  by  the  general  assembly,  and  that  pro 
vision  of  the  law  heretofore  cited  which  says  that  all  contested  elections  of  governor 
shall  be  decided  by  the  legislature,  and  the  two  decisions  of  the  supreme  court  affirm 
ing  the  exclusive  jurisdiction  of  that  body  over  the  subject,  and  the  conclusion  irre 
sistibly  follows  that  said  judgment  of  the  circuit  court  is  void.  A  void  judgment 
binds  nobody. 

•*•*#•*#••*  * 

Respecting  the  claim  that  Brooks  received  a  majority  of  the  votes  at  the  election 
it  must  be  said  that  the  President  has  no  way  to  verify  that  claim.  If  he  had,  it 
would  not,  in  my  opinion,  under  the  circumstances  of  this  case,  be  a  proper  subject 
for  his  consideration.  Perhaps  if  everything  about  the  election  was  in  confusion  and 
there  had  been  no  legal  count  of  the  votes,  the  question  of  majorities  might  form  an 
element  of  the  discussion;  but  where,  as  in  this  case,  there  has  been  a  legal  count  of 
the  votes  and  the  tribunal  organized  by  the  constitution  of  the  State  for  that  pur 
pose  has  declared  the  election,  the  President,  in  my  judgment,  ought  not  to  go  behind 
that  action  to  look  into  the  state  of  the  vote.  Frauds  may  have  been  committed  to 
the  prejudice  of  Brooks;  but,  unhappily,  there  are  few  elections  where  partisan  zeal 
runs  high  in  which  the  victorious  party,  with  more  or  less  of  truth,  is  not  charged 
with  acts  of  fraud.  There  must,  however,  be  an  end  to  controversy  upon  the  sub 
ject.  Somebody  must  be  trusted  to  count  votes  and  declare  elections.  Unconstitu 
tional  methods  of  filling  offices  can  not  be  resorted  to  because  there  is  some  real  or 
imagined  unfairness  about  the  election.  Ambitious  and  selfish  aspirants  for  office 
generally  create  the  disturbance  about  this  matter,  for  people  are  more  interested  in 
the  preservation  of  peace  than  in  the  political  fortunes  of  any  man. 

Either  of  the  contestants  with  law  and  order  is  better  than  the  other  with  dis 
cord  and  violence.  I  think  it  would  be  disastrous  to  allow  the  proceedings  by  which 
Brooks  obtained  possession  of  the  office  to  be  drawn  into  precedent.  There  is  not  a 


POLITICAL    DISTURBANCES   IN    ARKANSAS,  1874.  179 

State  in  the  Union  in  which  they  would  not  produce  conflict,  and  probably  blood 
shed.  They  can  not  be  upheld  or  justified  upon  any  ground;  and  in  my  opinion 
Elisha  Baxter  should  be  recognized  as  the  lawful  executive  of  the  State  of  Arkansas. 

#  •*  *  *  #  *•  •* 

On  the  llth  instant  the  general  assembly  of  the  State  was  convened  in  extra  ses 
sion  upon  the  call  of  Baxter,  and  both  houses  passed  a  joint  resolution,  pursuant  to 
section  4  of  Article  IV  of  the  Constitution  of  the  United  States,  calling  upon  the 
President  to  protect  the  State  against  domestic  violence.  This  call  exhausts  all  the 
means  which  the  people  of  the  State  have  under  the  Constitution  to  invoke  the  aid 
of  the  Executive  of  the  United  States  for  their  protection,  and  there  seems  to  be, 
under  the  circumstances  of  the  case,  an  imperative  necessity  for  immediate  action. 
******* 

Brooks  now  disbanded  his  troops  and  retired  from  the  statehouse, 
of  which  Baxter  at  once  resumed  possession.  The  adherents  of  both 
sides  abandoned  their  organization,  and  those  from  the  country  dis 
tricts  gradually  left  for  their  homes.  The  United  States  troops  were 
not  called  upon  for  any  future  service,  nor  during  the  entire  period 
of  excitement  were  they  ever  required  to  exercise  more  than  a  passive 
force.  It  is  stated  that  the  military  expenses  attending  the  disturb 
ances  exceeded  $250,000,  which  the  State  was  subsequently  compelled 
to  assume.  The  tension  of  political  feeling  engendered  by  the  incident 
was,  however,  merely  relaxed.  The  legislature  adjourned  on  the  28th 
of  Ma}T,  but  not  before  providing  for  another  constitutional  conven 
tion — the  fourth  which  had  been  convened  since  1861.  This  conven 
tion  met  on  the  14th  of  July  and  framed  a  new  constitution,  which 
was  submitted  to  the  people  on  the  13th  of  October  and  ratified  by  a 
large  majority.  The  Brooks  .Republicans  held  a  convention  in  Sep 
tember,  in  which  they  declared  that  the  so-called  constitutional  con 
vention,  having  been  called  by  a  revolutionary  legislature,  was  without 
warrant  or  authority  of  law;  that  all  its  acts  were  revolutionary,  null, 
and  void,  and  therefore  declined  to  nominate  candidates  for  the  election 
of  November  3.  As  a  consequence  the  Democratic  candidate,  A.  H. 
Garland,  was  elected  governor  without  opposition,  and  on  the  12th  of 
November  entered  upon  his  duties,  relieving  Baxter,  whose  term  had 
expired.  A  new  contestant  now  appeared  on  the  scene  in  the  person 
of  V.  .V.  Smith,  who  had  served  as  lieutenant-governor  under  Baxter, 
and  with  the  Brooks  wing  had  ignored  the  proceedings  attending  the 
May  legislature,  the  constitutional  convention,  and  the  election,  and 
who,  claiming  that  the  office  of  governor  had  been  shamefully  aban 
doned  by  Baxter  and  usurped  by  Garland,  announced  himself  as 
entitled  to  the  office  of  governor.  He  issued  a  proclamation  in  which, 
having  declared  the  acts  of  the  Garland  administration  to  be  "  revolu 
tion,  and  nothing  but  revolution,"  he  concluded  as  follows: 

Now,  therefore,  I,  V.  V.  Smith,  lieutenant-governor  of  the  State  of  Arkansas,  by 
virtue  of  the  authority  vested  in  the  lieutenant-governor  by  the  tenth  section  of 
Article  VI  of  said  constitution  (Elisha  Baxter  having  abdicated  and  abandoned  the 
office  of  governor),  do  hereby  command  all  persons  claiming  to  derive  political 


180  FEDEEAL    AID    IN    DOMESTIC    DISTURBANCES. 

authority  under  and  by  virtue  of  the  so-called  constitution  of  October  13,  1874,  to 
desist  and  refrain  from  the  exercise  of  all  official  authority  thereunder,  and  all  per 
sons  that  may  have  assumed  to  act  under  the  authority  of  said  pretended  constitu 
tion,  whether  executive,  legislative,  or  judicial,  are  hereby  commanded  to  relinquish 
and  surrender  said  offices  to  the  persons  entitled  thereto  under  the  constitution  of 
1868,  and  the  laws  passed  thereunder,  within  five  days  from  the  date  hereof,  or  I 
shall  take  such  measures  as  will,  in  my  opinion,  result  in  the  observance  and  enforce 
ment  of  this  command. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
State  to  be  affixed,  at  Little  Kock,  this  the  13th  day  of  November,  A.  D.  1874. 

[SEAL.]  V.  V.  SMITH, 

Governor  of  Arkansas. 

EDWARD  WHEELER, 

Secretary  of  State. 

On  the  same  date  he  addressed  a  long  dispatch  to  the  President 
reciting  his  position  and  announcing  himself  as  the  legal  governor  of 
Arkansas: 

The  abdication  of  the  office  of  governor  [he  states]  and  the  abandonment  thereof 
by  Elisha  Baxter  in  law  amounts  to  a  constructive  or  parol  resignation.  In  such 
case,  under  the  provisions  of  section  10,  article  6,  of  said  constitution,  the  duties  of 
the  office  of  governor  devolve  upon  me  as  lieutenant-governor.  By  and  through  the 
treachery  and  connivance  of  Elisha  Baxter,  I  find  A.  H.  Garland  in  the  executive 
office  discharging  the  duties  thereof.  Not  only  this,  I  find  a  body  of  men  in  the  legis 
lative  halls  who  pretend  to  be  the  members  of  the  general  assembly  of  the  State  of 
Arkansas,  and  who  are  attempting  to  legislate  for  the  people,  who  were  not  elected 
at  the  time  nor  in  the  manner  provided  by  the  constitution  and  laws  of  said  State; 
in  short,  I  find  a  new  government,  set  up  during  my  absence,  that  is  not  the 
legitimate  offspring  of  that  of  1868,  and  that  the  officers  of  the  pretended  govern 
ment  have  in  some  instances  by  violence  and  force  displaced  officers  holding  similar 
positions  under  the  constitution  alluded  to  by  reason  of  this  state  of  affairs  and  other 
causes,  all  contributing  to  the  same  end.  Domestic  violence  exists  in  this  State 
which  is  too  powerful  to  be  suppressed  by  ordinary  process  of  the  law  or  the  militia 
at  my  command: 

Now,  therefore,  I,  V.  V.  Smith,  lieutenant-governor  of  the  State  of  Arkansas — 
Elisha  Baxter,  the  recognized  governor  of  said  State,  having  abdicated  and  abandoned 
said  office — do  hereby  and  by  these  presents  make  application  to  the  President  of 
the  United  States,  and  the  laws  passed  in  pursuance  thereof,  to  guarantee  to  said 
State  of  Arkansas  a  republican  form  of  government  and  protect  the  same  against 
domestic  violence.  The  legislature  of  said  State  is  not  now  in  session  and  can  not  be 
convened  at  this  time  without  great  detriment  to  the  public  interests.  Any  attempt  to 
do  so  would  result  in  augmenting  confusion  and  anarchy,  and  would  probably  lead 
to  strife  and  unnecessary  bloodshed. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
State  to  be  affixed,  at  the  city  of  Little  Kock,  this  13th  day  of  November,  1874. 

[SEAL.]  V.  V.  SMITH, 

Governor  of  Arkansas. 

By  the  governor: 

EDWARD  WHEELER, 

Secretary  of  State. 

Inasmuch  as  a  Congressional  committee,  under  the  chairmanship  of 
Mr.  Poland,  of  Vermont,  was  at  the  moment  inquiring  into  the 
Arkansas  matter,  the  President  declined  to  interfere  in  behalf  of 


POLITICAL    DISTURBANCES    IN    ARKANSAS,   1874.  181 

Smith;  but  when,  in  February,  1875,  this  committee  reported,  the 
majority  sustaining  the  proceedings  under  which  Garland  was  elected 
and  the  minority  declaring  that  Brooks  had  been  elected  in  1872  and 
was  the  lawful  governor  until  January,  1877,  the  President  concurred 
with  the  latter,  and  sent  a  message  to  Congress  to  that  effect  on  the 
8th  of  February  in  which  he  urged  Congress  to  "take  definite  action 
to  relieve  the  Executive  from  acting  upon  questions  which  should  be 
decided  by  the  legislative  branch  of  the  Government."  This  request 
however  was  not  heeded,  though  the  House  ultimately  adopted  the 
Poland  report/' 

a  Senate  Ex.  Doc.  No.  25,  Forty-third  Congress,  second  session;  H.  R.  Report  No. 
771,  Forty-third  Congress,  first  session;  H.  R.  Report  No.  2,  Forty-third  Congress, 
second  session;  House  Ex.  Doc.  No.  229,  Forty-third  Congress,  first  session. 


VIII.  POLITICAL  DISTURBANCES  IN  SOUTH  CAROLINA. 

THE  HAMBURG  RIOT,  1876— THE  RIFLE  CLUBS— DISORDERS  AT  COLUMBIA. 


The  participation  of  South  Carolina  in  the  operations  of  the 
Ku-Klux-Klan  and  the  action  of  the  President  in  locating  Federal 
troops  throughout  the  disturbed  counties  have  already  been  recited. 
Although  the  immediate  effect  of  these  measures  was  to  restore  a 
degree  of  good  order  to  this  section,  there  were  constant  irritations 
and  disturbances  for  the  following  five  or  six  years.  It  was  not  until 
the  summer  of  1876,  however,  that  these  disorders  attracted  much 
attention.  A  company  of  colored  militia  had  been  organized  at  Hani- 
burg,  in  Aiken  County,  during  the  administration  of  Governor  Scott, 
in  1869-70;  had  been  supplied  with  arms  and  had  drilled  frequently, 
but  after  the  excitement  consequent  upon  the  operations  of  the 
Ku-Klux  had  subsided  the  company  had  ceased  its  activity,  drilled 
but  seldom,  and  was  scarcely  alive.  In  May,  1876,  a  new  captain  had 

been  elected,  by  whose  energy  recruiting  had  been 
™01'  stimulated  until  the  membership  had  increased  to 

about  eighty.  On  the  4th  of  July,  1876,  the  company 
was  being  drilled  on  one  of  the  public  streets  of  Hamburg  when  a 
carriage  containing  two  of  the  townsmen  (white)  came  by  and  tried  to 
drive  through  the  ranks.  An  altercation  ensued,  but  the  company 
finally  opened  ranks  and  permitted  the  carriage  to  pass  through.  The 
incident  seems  to  have  angered  the  white  men,  for  they  at  once  made 
complaint  against  the  militia  company  for  obstructing  the  highway, 
and  the  captain  was  arrested  and  brought  before  one  Rivers,  a  trial 
justice,  who  was  also  a  major-general  of  militia.  The  arrest  seems  to 
have  caused  great  offense  to  the  members  of  the  company,  and  it  was 
charged  that  they  assembled  in  their  armory  and  threatened  to  release 
the  captain.  It  was  also  asserted  that  the  company  had  no  legal 
existence,  but  had  been  disbanded  for  years.  Before  the  case  could 
be  heard  the  white  men  of  the  town  seem  to  have  determined  that  the 
militia  company  should  be  disarmed,  and  on  the  8th  of  July  some  200 
or  300  citizens  armed  themselves,  came  into  Hamburg,  and,  calling 
upon  Rivers,  demanded  a  surrender  of  the  arms  in  the  hands  of  the 
militia  company.  Rivers  seems  to  have  been  willing  to  surrender  the 
arms,  but  the  captain  and  his  men  refused  to  turn  them  over.  While 
these  negotiations  were  going  on  the  armed  white  men  were  sur- 

182 


THE  "EIFLE  CLUBS,  "  1876.  183 

rounding  the  armory,  and  before  they  were  concluded   firing   had 
already  commenced. 

After  it  had  commenced  it  was  returned  by  the  militia,  and  one  of 
the  attacking  party  was  shot  through  the  head  and  instantly  killed. 
From  this  time  up  to  midnight  every  colored  man  that  could  be  found 
in  Hamburg  was  pursued,  shot  at,  and  otherwise  maltreated.  Some 
twenty-five  of  the  members  of  the  militia  company  were  captured. 
Five  of  these  were  taken  out  and  shot  to  death;  the  rest  were  turned 
loose  or  broke  loose  and  ran  away,  were  fired  upon  as  they  ran,  and 
several  severely  wounded.  In  the  midst  of  this  pursuit  several  stores 
and  houses  were  broken  open  and  robbed  and  a  large  number  of  cabins 
belonging  to  the  colored  people  broken  into  and  plundered.  The  mat 
ter  was  reported  to  Congress  by  a  message  from  the  President  in 
answer  to  a  Senate  resolution, a  but  was  lost  sight  of  in  the  more  press 
ing  and  exciting  events  of  that  year. 

There  were  other  outbreaks  during  the  succeeding  months,  and  it 
was  alleged  that  white  rifle  clubs  had  been  organized  all  over  the  State. 
There  was  a  riot  in  Ellen  ton,  not  far  from  Hamburg,  in  Aiken  County, 

which  continued  for  several  days,  in  which  some  twelve 
The"Ri8fl7e6Clubs'"   or  fi^een  men  were  killed.     On  the  7th  of  October 

Governor  Chamberlain  issued  a  proclamation,  requir 
ing  all  organizations  and  combinations  of  men,  not  organized  militia, 
to  disband,  with  the  alternative  of  a  resort  to  military  force.  At  the 
same  time  he  applied  to  the  Federal  Government  for  assistance,  and 
in  response  the  President  issued  a  proclamation,  dated  October  17, 
1876,  followed  by  instructions  to  the  General  of  the  Army,  as  follows: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  it  has  been  satisfactorily  shown  to  me  that  insurrection  and  domestic 
violence  exist  in  several  counties  of  the  State  of  South  Carolina,  and  that  certain 
combinations  of  men  against  the  law  exist  in  many  counties  of  said  State,  known  as 
' '  rifle  clubs, ' '  who  ride  up  and  down  by  day  and  night  in  arms,  murdering  some  peace 
able  citizens  and  intimidating  others,  which  combinations,  though  forbidden  by  the 
laws  of  the  State,  can  not  be  controlled  or  suppressed  by  the  ordinary  course  of  jus 
tice;  and  whereas,  it  is  provided  in  the  Constitution  of  the  United  States  that  the 
United  States  shall  protect  every  State  in  this  Union,  on  application  of  the  legislature, 
or  of  the  executive  when  the  legislature  can  not  be  convened,  against  domestic  vio 
lence;  and  whereas,  by  laws  in  pursuance  of  the  above,  it  is  provided  in  the  laws 
of  the  United  States  that  in  all  cases  of  insurrection  in  any  State,  or  of  obstruction 
to  the  laws  thereof,  it  shall  be  lawful  for  the  President  of  the  United  States,  on 
application  of  the  legislature  of  such  State,  or  of  the  executive  when  the  legislature 
can  not  be  convened,  to  call  for  the  militia  of  any  other  State  or  States,  or  to  employ 
such  part  of  the  land  and  naval  forces  as  shall  be  judged  necessary  for  the  purpose 
of  suppressing  such  insurrection  or  causing  the  laws  to  be  duly  executed;  and 
whereas,  the  legislature  of  said  State  is  not  now  in  session  and  can  not  be  convened 


«  Senate  Ex.  Doc.  No.  85,  Forty-fourth  Congress,  first  session. 


184  FEDEEAL    AID    IN    DOMESTIC    DISTURBANCES. 

in  time  to  meet  the  present  emergency,  and  the  executive  of  said  State,  under  sec 
tion  4  of  Article  IV  of  the  Constitution  and  the  laws  passed  in  pursuance  thereof,  has 
therefore  made  due  application  to  me  in  the  premises  for  such  part  of  the  military 
force  of  the  United  States  as  may  be  necessary  and  adequate  to  protect  said  State 
and  the  citizens  thereof  against  domestic  violence  and  to  enforce  the  due  execution 
of  the  laws;  and  whereas,  it  is  required  that  whenever  it  may  be  necessary,  in  the 
judgment  of  the  President,  to  use  the  military  force  for  the  purpose  aforesaid  he 
shall  forthwith,  by  proclamation,  command  such  insurgents  to  disperse  and  retire 
peaceably  to  their  respective  homes  within  a  limited  time:  Now,  therefore, 

I,  Ulysses  S.  Grant,  President  of  the  United  States,  do  hereby  make  proclamation 
and  command  all  persons  engaged  in  said  unlawful  and  insurrectionary  proceedings 
to  disperse  and  retire  peaceably  to  their  respective  abodes  within  three  days  from  this 
date,  and  hereafter  abandon  said  combinations  and  submit  themselves  to  the  laws 
and  constituted  authorities  of  said  State,  and  I  invoke  the  aid  and  cooperation  of  all 
good  citizens  thereof  to  uphold  the  laws  and  preserve  the  public  peace.  In  witness 
whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  United  States  to  be 
affixed. 

Done  at  the  city  of  Washington,  this  17th  of  October,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-six  and  of  the  Independence  of  the  United  States  the 
one  hundred  and  first. 

[SEAL.]  U.  S.  GRANT. 

By  the  President: 

JOHN  L.  CADWALLADEE, 

Acting  Secretary  of  State. 

WAR  DEPARTMENT, 
Washington,  October  17,  1876. 
Gen.  W.  T.  SHERMAN, 

Commanding  United  States  Army. 

SIR:  In  view  of  the  existing  condition  of  affairs  in  South  Carolina,  there  is  a  pos 
sibility  that  the  proclamation  of  the  President  of  this  date  may  be  disregarded.  To 
provide  against  such  a  contingency,  you  wrill  immediately  order  all  the  available  force 
in  the  military  division  of  the  Atlantic  to  report  to  General  Ruger,  commanding  at 
Columbia,  S.  C. ,  and  instruct  that  officer  to  station  his  troops  in  such  localities  that 
they  may  be  most  speedily  and  effectually  used  in  case  of  resistance  to  the  authority 
of  the  United  States.  It  is  hoped  that  a  collision  may  thus  be  avoided,  but  you  will 
instruct  General  Ruger  to  let  it  be  known  that  it  is  the  fixed  purpose  of  the  Govern 
ment  to  carry  out  fully  the  spirit  of  the  proclamation,  and  to  sustain  it  by  the  military 
force  of  the  General  Government,  supplemented,  if  necessary,  by  the  militia  of  the 
various  States. 

Very  respectfully,  your  obedient  servant, 

J.  D.  CAMERON, 
Secretary  of  War. 

Against  the  assertions  of  this  proclamation  the  people  of  the  State 
protested,  denying  any  intention  of  disturbing  the  peace  or  of  resist 
ing  the  General  Government.  They  contended  that  the  so-called 
" rifle  clubs"  were  formed  solely  for  home  protection;  that  few  of 
them  had  arms  or  ammunition;  that  others  were  equipped  with  the 
sanction  of  the  governor,  and  frequently  with  his  aid,  and  that  their 
organization  was  necessitated  by  the  reckless  distribution  among  the 
colored  people  of  arms  and  ammunition  by  the  State  authorities. 


DISOKDERS   AT   COLUMBIA,   S.   C. ,   1876.  185 

Their  submission  was  immediate  and  unconditional,  and  no  occasion 
arose  for  the  use  of  the  troops  in  disbanding  these  clubs. 

There  was  much  excitement  in  the  State,  as  elsewhere  through  the 
country,  over  the  delay  in  ascertaining  the  result  of  the  Presidential 
election  of  1876.  During  the  disturbances  growing  out  of  the  sup 
pression  of  the  rifle  clubs  and  the  election  that  followed  troops  were 
stationed,  in  small  detachments,  at  70  different  points  in  the  State, 
and  by  their  presence  contributed  in  a  marked  degree  to  the  orderly 
manner  in  which  the  election  was  conducted.  But  as  the  time  for  the 
meeting  of  the  legislature  approached  it  was  feared  that  there  would 
be>armed  resistance  to  the  installation  of  the  governor,  and  to  antici 
pate  this  the  latter  applied  to  the  President  for  troops  to  preserve  the 
peace.  In  response  the  following  instructions  were  telegraphed  on 
the  26th  of  November  to  the  Department  commander \a 

WASHINGTON,  D.  C.,  November  26,  1876. 
Gen.  THOMAS  H.  RUGER,  or  Col.  H.  M.  BLACK, 

Columbia,  S.  C.: 

The  following  has  been  received  from  the  President: 

EXECUTIVE  MANSION,  November  26,  1876. 
Hon.  J.  D.  CAMERON,  Secretary  of  War. 

SIR:  D.  H.  Chamberlain  is  now  governor  of  the  State  of  South  Carolina  beyond  any 
controversy,  and  remains  so  until  the  new  governor  shall  be  duly  and  legally  inaug 
urated  under  the  Constitution.  The  Government  has  been  called  upon  to  aid,  with 
the  military  and  naval  forces  of  the  United  States,  to  maintain  Republican  government 
in  the  State  against  resistance  too  formidable  to  be  overcome  by  State  authorities. 
You  are  directed,  therefore,  to  sustain  Governor  Chamberlain  in  his  authority  against 

domestic  violence  until  otherwise  directed. 

U.  S.  GRANT. 

In  obeying  these  instructions  you  will  advise  with  the  governor  and  dispose  your 
troops  in  such  manner  as  may  be  deemed  best  in  order  to  carry  out  the  spirit  of  the 
above  order  of  the  President. 

Acknowledge  receipt. 

J.  D.  CAMERON, 

Secretary  of  War. 

As  a  result  of  these  instructions  all  available  troops  were  at  once 
assembled  at  Columbia.  These  consisted  of  eight  companies  of  the 
Eighteenth  Infantry,  one  battery  of  the  First  Artillery,  two  of  the  Sec 
ond,  and  three  of  the  Third,  together  with  various  detachments,  to  a 
total  exceeding  450  officers  and  men.  The  legislature  met  on  the  28th, 
when,  under  the  instructions  of  the  governor,  only  those  holding  cer 
tificates  of  election  from  the  secretary  of  state  were  permitted  to  enter 
the  hall  of  representatives,  thus  excluding  certain  Democrats  from 
Edgefield  and  Lancaster  counties.  As  a  consequence  those  who  were 
refused  admission,  together  with  those  Democrats  who  had  been 
admitted,  organized  separately,  and  thus  the  spectacle  was  presented 
for  several  days  of  two  houses  of  representatives  in  session  at  the 

«  H.  R.  Ex.  Doc.  No.  30,  Forty-fourth  Congress,  second  session,  pp.  16, 17. 


186  FEDEEAL    AID    IN    DOMESTIC    DISTURBANCES. 

same  time  in  the  same  hall.  To  put  an  end  to  this  anomalous  state  of 
affairs  the  governor  decided  to  eject  the  members  who  had  been  the 
subject  of  contention,  and  to  that  end  called  upon  the  commanding 
officer  of  the  troops  for  aid.  In  this  complication  the  latter  (General 
Ruger)  determined  at  first  to  so  far  comply  with  the  requisition  as  to 
exclude  those  gentlemen  from  future  admission  to  the  hall,  pending  a 
judicial  settlement  of  the  question,  but  on  reflection  decided  that  the 
wisest  course  would  be  to  hold  closely  to  his  general  instructions — to 
preserve  the  peace  merely.  To  this  course  the  governor  demurred  and 
telegraphed  the  Secretary  of  War,  asking  that  General  Ruger  be 
instructed  to  obey  his  orders,  to  which  reply  was  sent  him  on  the  2d 
of  December  and  similar  dispatch  to  General  Ruger.  A  few  days 
later,  fearing  that  the  earlier  instructions  had  been  too  brief  or  vague, 
the  President  sent  a  second  dispatch  to  General  Ruger.  These  were 
as  follows:0 

WASHINGTON,  December  2,  1876. 
Governor  D.  H.  CHAMBERLAIN, 

Columbia,  S.  C.: 

The  President  thinks  that  you  should  exercise  your  own  resources  as  governor  in 
behalf  of  the  legislature  which  you  have  recognized  by  assisting  it  to  purge  itself  of 
unauthorized  persons. 

If  you  are  resisted  in  this,  General  Ruger  has  been  instructed  to  enforce  your 
authority. 

ALPHONSO  TAFT, 
Attorney-  General. 

EXECUTIVE  MANSION, 
Washington  City,  December  3,  1876. 
Gen.  T.  H.  RUGER, 

Columbia,  S.  C.: 

Fearing  your  instructions  may  be  conflicting  and  leave  you  in  doubt  as  to  your 
duties  in  the  present  unhappy  condition  of  affairs  in  South  Carolina,  I  wish  to  say  this: 
Governor  Chamberlain  is  the  legal  constituted  governor  of  the  State,  and  remains  so 
until  the  legislature  canvasses  the  vote  and  installs  his  successor;  and  he  is  entitled 
as  such  to  your  support  and  protection.  It  is  a  civil  duty  to  organize  the  legislature 
devolving  on  State  authorities.  All  you  can  do  is  to  prevent  unauthorized  persons 
from  forcibly  interfering  with  the  governor  and  other  authorized  officers  in  the  per 
formance  of  their  duties.  To  be  plain,  I  want  to  avoid  anything  like  an  unlawful 
use  of  the  military,  but  it  will  be  entirely  right  to  sustain  the  governor  or  any  of  his 
agents  or  officers  in  the  performance  of  any  duty  in  connection  with  the  legislature 
if  interfered  with  by  outsiders  while  in  the  performance  of  that  duty. 

U.  S.  GRANT. 

On  the  5th  of  December  there  was  increased  uneasiness  at  Columbia. 
Armed  men  came  in  from  the  country,  openly  asserting  their  intention 
to  seize  the  statehouse  and  seat  the  contesting  governor  (Wade  Hamp 
ton).  There  were  fears  of  violence,  and  under  much  excitement 
appeals  were  made  to  the  President.  Under  his  direction  the  troops 

«  General  Ruger  to  General  Sherman,  dispatches  of  November  30,  1876  (H.  R.  Ex. 
Doc.  No.  30,  Forty-fourth  Congress,  second  session,  pp.  37-38) . 


DISORDERS    AT    COLUMBIA,   S.   C. ,    1876.  187 

were  posted  in  and  about  the  statehouse,  with  instructions  to  protect 
the  legislature  from  outside  interference.  Against  this  the  contesting 
members  of  the  legislature  protested,  and  to  their  inquiries  General 
Ruger  replied  as  follows: 

COLUMBIA,  S.  C.,  Decembers,  1876. 
The  Hon.  F.  A.  CONNER  AND  OTHERS. 

GENTLEMEN  OF  THE  COMMITTEE:  I  have  the  honor  to  say,  in  reply  to  your  inqui 
ries,  based  upon  the  resolution  of  which  you  handed  me  a  copy  on  yesterday,  that 
the  United  States  troops  in  the  statehouse  were  placed  there  by  my  order  for  the 
purpose  of  executing  such  orders  as  might  be  given;  and  in  this  connection  I  would 
say,  with  reference  to  the  inquiries  numbered  6  and  7,  that  if  your  body  should 
appear  at  the  statehouse  for  the  purpose  of  entering  the  hall  of  the  house  of  repre 
sentatives,  and  should  be  refused  admission  by  those  having  charge  of  the  doors, 
and  such  persons  should  apply  to  the  officers  in  command  of  the  troops  at  the  state 
house  for  assistance  necessary  to  prevent  your  entering,  the  present  orders  to  the 
officers  would  require  them  to  render  such  assistance. 
I  am,  gentlemen,  your  obedient  servant, 

THOMAS  H.  RUGER, 
Colonel  and  Brevet  Brigadier-General, 

Department  of  the  South. 

Meanwhile  the  Republican  senate  and  house  had  canvassed  the  votes 
and  declared  D.  H.  Chamberlain  to  have  been  elected  governor,  and 
proceeded  to  inaugurate  him  on  the  7th,  while  the  Democratic  house 
had  procured  duplicate  returns,  which  they  canvassed,  and  from  which 
they  declared  the  election  of  Wade  Hampton.  Hampton  demanded 
the  surrender  of  the  statehouse  and  the  public  records,  which  Cham 
berlain  refused,  and  during  the  entire  winter  of  1876-77  both  these 
gentlemen  maintained  their  right  to  the  office  of  governor,  which  both 
pretended  to  exercise.  The  President  declined  to  interfere  further 
than  to  preserve  the  peace,  and  although  a  small  military  force  was 
kept  up  at  Columbia,  the  city  was  quiet  and  no  occasion  arose  for  their 
services.  Soon  after  taking  office  President  Hayes  invited  Messrs. 
Chamberlain  and  Hampton  to  a  personal  conference,  and  as  a  conse 
quence  on  the  10th  of  .April,  1877,  the  United  States  troops  were 
withdrawn  from  the  statehouse,  and  the  State  government  was  soon 
after  peaceably  transferred  to  General  Hampton. a 

There  was  much  opposition  in  and  out  of  Congress  to  the  policy  of 
the  Administration  in  the  matter  of  furnishing  Federal  troops  to  pre 
serve  the  peace  in  this  and  other  Southern  States  during  the  elections 
of  1876,  and  this  opposition  became  more  intense  when  the  results  of 
that  election  were  apparently  in  doubt  for  some  months.  The  matter 
was  warmly  debated  throughout  the  closing  session  of  the  Forty-fourth 
Congress,  resulting  in  the  failure  of  that  Congress  to  provide  the  usual 
appropriations  for  the  support  of  the  Army  for  the  ensuing  year,  and 

«  Senate  Misc.  Doc.  No.  45,  Forty-fourth  Congress,  second  session;  H.  K.  Misc. 
Doc.  No.  31,  ibid;  H.  R.  Report  175,  ibid. 


188  FEDERAL   AID   IN    DOMESTIC   DISTURBANCES. 

was  renewed  at  the  first  session  of  the  For  t}T -fifth."  Various  bills  were 
introduced  looking  to  a  limitation  of  the  powers  of  the  Executive  in 
the  use  of  the  Army,  and  especially  in  forbidding  its  use  by  United 
States  marshals  as  a  posse  comitatus.  The  long  debate  culminated  in 
a  rider  to  the  army  appropriation  bill  for  the  fiscal  year  ending  June 
30, 1879,  approved  June  18, 1878,  as  section  29  (afterwards  section  15), 
as  follows: 

SEC.  15.  From  and  after  the  passage  of  this  act  it  shall  not  be  lawful  to  employ  any 
part  of  the  Army  of  the  United  States  as  a  posse  comitatus,  or  otherwise,  for  the  pur 
pose  of  executing  the  laws,  except  in  such  cases  and  under  such  circumstances  as 
such  employment  of  said  force  may  be  expressly  authorized  by  the  Constitution  or 
by  act  of  Congress;  and  no  money  appropriated  by  this  act  shall  be  used  to  pay  any 
of  the  expenses  incurred  in  the  employment  of  any  troops  in  violation  of  this  sec 
tion,  and  any  person  wilfully  violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  fine  not 
exceeding  ten  thousand  dollars  or  imprisonment  not  exceeding  two  years,  or  by 
both  such  fine  and  imprisonment. 

«  The  debate  in  the  House  on  November  8,  1877,  and  in  the  Senate  June  6,  1878, 
is  especially  interesting  in  the  way  of  showing  the  views  of  leading  Senators  and 
members  on  the  question  of  the  use  of  the  Army  as  a  posse  comitatus. 


IX.  THE   LABOR   STRIKES   OF    1877. 

RIOT  AT  MARTINSBURG,  W.  VA.— RIOTS  AT  BALTIMORE,  MD.— RIOTS  AT  PITTSBURG,  PA.— 
DISTURBANCES  IN  OHIO— RIOTING  AT  INDIANAPOLIS,  IND.— RIOTING  AT  CHICAGO, 
ILL.— RIOTING  AT  ST.  LOUIS,  MO.— DISTURBANCES  IN  VARIOUS  STATES. 


The  action  of  the  railroad  companies  in  the  summer  of  1877,  in  sud 
denly  precipitating  a  reduction  of  10  per  cent  in  the  wages  of  their 
employees,  was  the  occasion  for  a  serious  conflict  between  the  forces 
of  labor  and  capital,  resulting  in  the  most  extensive  domestic  disturb 
ance  which  the  country  has  witnessed.  In  order  to  respond  to  calls 
for  aid  where  violence  actually  existed,  and  to  guard  against  danger 
at  threatened  places,  it  became  necessary  to  concentrate  troops  in  six 
of  the  States,  as  well  as  to  move  up  others  in  readiness  for  anticipated 
calls,  so  that  within  six  days  nearly  one-half  the  Army  was  in  motion 
or  under  orders  for  immediate  service.  The  trouble  commenced  on 
the  14th  of  July  on  the  Baltimore  and  Ohio  Railroad,  where  some  40 
brakemen  and  firemen  stopped  work  and  attempted  to  prevent  the 
passage  of  freight  trains.  On  the  16th  the  crews  of 
Martinsburg,  w.va.,  the  freight  trains  at  Martinsburg,  W.  Va.,  refused  to 

July  14, 1877.  =  i  At 

work,  and  drove  off  the  men  sent  to  replace  them. 
The  police  of  Martinsburg  were  powerless  to  cope  with  the  situation, 
and  a  body  of  the  State  militia  sent  to  that  point  on  the  morning  of 
the  17th  were  fired  upon  and  driven  back.  By  this  time  the  strikers, 
whose  numbers  had  increased  to  100,  had  been  joined  by  several  hun 
dred  outsiders,  and  by  night  the  road  was  effectually  blocked  at  Mar 
tinsburg,  while  the  strike  had  extended  to  Wheeling  and  Parkersburg. 
By  the  morning  of  the  18th  the  whole  road  was  in  the  hands  of  the 
strikers,  and  the  governor,  perceiving  the  hopelessness  of  contending 
with  the  situation  with  his  slender  militia  forces,  called  in  the  aid  of 
the  General  Government.  The  legislature  of  1875  had  prohibited  the 
enrollment  of  the  militia,  so  that  the  only  military  bodies  in  the  State 
were  four  companies  of  volunteers,  two  of  whom  were  at  Martinsburg 
and  in  sympathy  with  the  rioters;  a  third  was  38  miles  from  a  rail 
road;  the  fourth,  of  but  40  men,  was  needed  for  home  protection. 
The  following  is  the  call  of  the  governor: a 

WHEELING,  W.  VA.,  July  18,  1877. 
His  Excellency  E.  B.  HAYES, 

President  of  the  United  States: 

Owing  to  unlawful  combinations  and  domestic  violence  now  existing  at  Mar 
tinsburg  and  at  other  points  along  the  line  of  the  Baltimore  and  Ohio  Railroad  it  is 

«  See  also  Documents  Nos.  99,  100,  and  101. 

189 


190  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

impossible  with  any  force  at  my  command  to  execute  the  laws  of  the  State.  I  there 
fore  call  upon  your  excellency  for  the  assistance  of  the  United  States  military  to  pro 
tect  the  law-abiding  people  of  the  State  against  domestic  violence  and  to  maintain 
the  supremacy  of  the  law.  The  legislature  is  not  now  in  session  and  could  not  be 
assembled  in  time  to  take  any  action  in  the  emergency.  A  force  of  from  two  to 
three  hundred  should  be  sent  without  delay  to  Martinsburg,  where  my  aid,  Colonel 
Delaplaine,  will  meet  and  confer  with  the  officer  in  command. 

HENRY  M.  MATHEWS, 

Governor  of  West  Virginia. 

In  response  to  this  appeal  the  President  directed  Col.  William  H. 
French,  Fourth  Artillery,  then  commanding-  at  Washington  Arsenal, 
to  proceed  with  every  available  man  of  his  command,  equipped  as 
infantry,  to  Martinsburg,  W.  Va.,  there  to  report  to  and  confer 
with  Colonel  Delaplaine,  aid  to  the  governor  of  the  State.102  At  the 
same  time  similar  instructions  were  sent  to  the  commandant  at  Fort 
McHenry.10'  These  troops  left  without  the  slightest  delay  and  before 
dark  on  the  18th  were  underway.  In  order  that  the  laws  should  be 
strictly  complied  with,  the  commander  of  these  troops  was  instructed 
that  a  proclamation  by  the  President  was  about  to  be  promulgated, 
commanding  the  insurgents  to  disperse  and  retire  peaceably  to  their 
places  of  abode,  and  that  such  proclamation  would  doubtless  have 
been  published  at  the  scene  of  disturbance  by  the  time  of  the  arrival 
of  the  troops,  but  if  not,  he  should  delay  action  until  its  publication.104 
The  proclamation,  in  accordance  with  section  5300  of  the  Revised 
Statutes,  was  issued  on  the  night  of  the  18th,  and  was  in  the  follow 
ing  words: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES. 
A  PROCLAMATION. 

Whereas,  the  governor  of  the  State  of  West  Virginia  has  represented  that  domes 
tic  violence  exists  in  said  State  at  Martinsburg  and  at  various  other  points  along  the 
line  of  the  Baltimore  and  Ohio  Railroad  in  said  State,  which  the  authorities  of  said 
State  are  unable  to  suppress; 

And  whereas,  it  is  provided  in  the  Constitution  of  the  United  States  that  the 
United  States  shall  protect  every  State  in  this  Union,  on  application  of  the  legisla 
ture,  or  of  the  executive  when  the  legislature  can  not  be  convened,  against  domestic 
violence; 

And  whereas,  by  laws,  in  pursuance  of  the  above,  it  is  provided  (in  the  laws  of  the 
United  States)  that  in  all  cases  of  insurrection  in  any  State  (or  of  obstruction  to  the 
laws  thereof)  it  shall  be  lawful  for  the  President  of  the  United  States,  on  applica 
tion  of  the  legislature  of  such  State,  or  of  the  executive  when  the  legislature  can  not 
be  convened,  to  call  forth  the  militia  of  any  State  or  States,  or  to  employ  such  part 
of  the  land  and  naval  forces  as  shall  be  judged  necessary  for  the  purpose  of  suppress 
ing  such  insurrection  or  causing  the  laws  to  be  duly  executed. 

And  whereas,  the  legislature  of  said  State  is  not  now  in  session  and  can  not  be  con 
vened  in  timer  to  meet  the  present  emergency,  and  the  executive  of  said  State,  under 
section  4  of  Article  IV  of  the  Constitution  of  the  United  States  and  the  laws  passed  in 
pursuance  thereof,  has  made  due  application  to  me  in  the  premises  for  such  part  of 
the  military  force  of  the  United  States  as  may  be  necessary  and  adequate  to  protect 


RIOT   AT    BALTIMORE,   JULY   20,  1877.  191 

said  State  and  the  citizens  thereof  against  domestic  violence  and  to  enforce  the  due 
execution  of  the  laws; 

And  whereas,  it  is  required  that  whenever  it  may  be  necessary,  in  the  judgment  of 
the  President,  to  use  the  military  force  for  the  purpose  aforesaid,  he  shall  forthwith, 
by  proclamation,  command  such  insurgents  to  disperse  and  retire  peaceably  to  their 
respective  homes  within  a  limited  time: 

Now,  therefore,  I,  Rutherford  B.  Hayes,  President  of  the  United  States,  do  hereby 
make  proclamation,  and  command  all  persons  engaged  in  said  unlawful  and  insur 
rectionary  proceedings  to  disperse  and  retire  peaceably  to  their  respective  abodes  on 
or  before  12  o'clock  noon  of  the  19th  day  of  July,  instant,  and  hereafter  abandon 
said  combinations  and  submit  themselves  to  the  laws  and  constituted  authorities  of 
said  State; 

And  I  invoke  the  aid,  and  cooperation  of  all  good  citizens  thereof  to  uphold  the 
laws  and  preserve  the  public  peace. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  United 
States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  18th  day  of  July,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  seventy-seven,  and  of  the  Independence  of  the  United 
States  the  one  hundred  and  second. 

E.  B.  HAYES. 
By  the  President: 
F.  W.  SEWARD, 

Acting  Secretary  of  State. 

Colonel  French  arrived  at  Martinsburg  early  on  the  morning  of  the 
19th,  where  he  found  more  than  100  engines  and  1,500  freight  cars 
standing  idle  and  blocking  every  approach  to  the  town.  He  reported 
his  arrival  as  follows: 

MARTINSBURG,  W.  VA.,  July  19,  1877. 
ADJUTANT-GENERAL,  Washington: 

Proclamation  printed;  now  being  circulated.  After  12  o'clock,  if  the  insurgents 
have  not  dispersed,  the  troops  under  my  command  will  proceed  to  enforce  the  orders 
of  the  President.  At  present  everything  seems  quiet,  and  I  doubt  whether  anything 
more  than  a  demonstration  will  be  required.  Whatever  action  I  may  determine 
upon  will  be  after  consultation  with  and  full  concurrence  of  Colonel  Delaplaine,  aid 
to  the  governor. 

FRENCH, 
Colonel,  Commanding. 

Having  circulated  the  proclamation  of  the  President,  which  was  sup 
plemented  by  a  printed  notice  to  all  concerned,  warning  all  persons 
engaged  in  the  interruption  of  travel  on  the  Baltimore  and  Ohio  road 
that  the  United  States  troops  must  not  be  impeded,  and  that  whoever 
undertakes  it  does  so  at  their  peril,105  he  proceeded  to  carry  out  his 
instructions.  In  the  course  of  the  day  the  block  at  Martinsburg  was 
untangled  and  several  trains  were  sent  forward  under  military  escort. 
On  this  day,  however,  the  strike  extended  over  the  entire  length  of 
the  line,  and  affairs  in  West  Virginia  were  no  longer  of  consequence. 

Moving  eastward,  the  next  considerable  railroad  point  was  at  Cum 
berland,  Md.,  some  20  miles  from  the  West  Virginia  line.  Here  were 
workshops,  roundhouses,  car  sheds,  and  various  property  of  the  Balti 
more  and  Ohio  Railroad  Company  to  immense  value,  which  it  was 


192  FEDEEAL    AID    IN    DOMESTIC    DISTURBANCES. 

feared  the  strikers,  who  had  collected  in  large  numbers,  intended  to 
destroy.  To  prevent  this,  the  governor  of  Maryland  ordered  the  Sixth 

Regiment  of  State  Militia,  having  its  headquarters  in 
™°juiy  2Ti8770re>  Baltimore,  to  proceed  to  Cumberland.  This  order  was 

the  signal  for  an  uprising  in  Baltimore,  and  when  the 
regiment  appeared  in  the  streets  on  its  way  to  the  station  on  the  after 
noon  of  the  20th  it  was  stoned  by  the  mob.  The  soldiers,  indiffer 
ently  disciplined,  were  unable  to  endure  this  treatment  and  responded 
by  shooting  into  the  crowd.  This  was  done  without  orders  or  method, 
so  that  an  irregular  fusillade  was  kept  up  along  the  whole  route,  with 
a  result  that  9  of  the  rioters  were  killed  and  30  or  40  wounded.  The 
excitement  was  now  intense,  and  the  orders  for  the  regiment  to  go  to 
Cumberland  were  withdrawn,  but  not  before  the  Baltimore  and  Ohio 
station  had  been  set  on  fire  and  much  other  damage  done.  The  Fifth 
Regiment,  which  was  ordered  to  suppress  the  riot,  was  attacked,  but 
no  shots  were  exchanged.  Soon  after  dark,  the  mob  having  increased 
its  numbers  and  determination,  the  governor  decided  that  the  situation 
was  beyond  his  control  and  that  events  justified  a  call  upon  the  Gov 
ernment.  This  call  and  the  response  of  the  Secretary  of  War  are 
subjoined: 

CAMDEN  STATION,  20. 
His  Excellency  R.  B.  HAYES. 

SIR:  An  assemblage  of  rioters,  [not]  to  be  dispersed  by  any  force  at  my  command, 
has  taken  possession  of  the  Baltimore  and  Ohio  Railroad  depot  here,  set  fire  the  same, 
and  have  driven  off  the  firemen  who  attempted  to  extinguish  the  same,  and  it  is 
impossible  with  force  at  my  command  to  disperse  the  rioters.  Under  circumstances, 
as  governor  of  the  State  of  Maryland  I  call  upon  you  as  President  of  the  United 
States  to  furnish  the  force  necessary  to  protect  the  State  against  domestic  violence. 
The  legislature  of  the  State  is  not  in  session  and  can  not  be  convened  in  time  to  meet 
the  emergency. 

JOHN  LEE  CARROLL, 
Governor  of  Maryland. 

SOLDIERS'  HOME,  Washington,  July  21,  1877 
Governor  JOHN  LEE  CARROLL, 

Baltimore,  Md.: 

The  President  directs  me  to  say  that  he  will  aid  you  to  the  extent  of  his  power. 
Available  troops  will  be  sent,  but  a  call  upon  neighboring  States  will  probably  be 
necessary.  Communicate  with  me  here  and  I  will  advise  you  more  definitely  in  a 
short  time. 

GEO.  W.  MCCRARY, 

Secretary  of  War. 

Orders  were  immediately  sent  to  Gen.  W.  F.  Barry,  the  comman 
dant  at  Fort  McHenry,  to  respond  to  the  call  of  the  governor  of  Mary 
land  by  sending  all  disposable  troops  to  his  aid  in  suppressing  the 
riot  at  Baltimore,  and  the  President  directed  that  if  necessary  the 
marines  from  Washington  Navy-Yard  be  sent  to  Baltimore,  as  indeed 
they  were  sent  within  the  following  twenty-four  hours,  but  fortu- 


EIOT    AT    BALTIMORE,   JULY    20,   1877.  193 

nately  were  not  needed.     At  the  same  time  a  proclamation  was  issued 
in  the  following  terms: 

BY  THE  PRESIDENT  OP  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  it  is  provided  in  the  Constitution  of  the  United  States  that  the  United 
States  shall  protect  every  State  in  this  Union  on  application  of  the  legislature,  or  of 
the  executive  (when  the  legislature  can  not  be  convened),  against  domestic  violence; 

And  whereas,  the  governor  of  the  State  of  Maryland  has  represented  that  domestic 
violence  exists  in  said  State  at  Cumberland,  and  along  the  line  of  the  Baltimore  and 
Ohio  Railroad  in  said  State,  which  the  authorities  of  said  State  are  unable  to  suppress; 

And  whereas,  the  laws  of  the  United  States  require  that  in  all  cases  of  insurrection 
in  any  State  or  of  obstruction  to  the  laws  thereof,  whenever  in  the  judgment  of  the 
President  it  becomes  necessary  to  use  the  military  forces  to  suppress  such  insurrec 
tion  or  obstruction  to  the  laws,  he  shall  forthwith,  by  proclamation,  command  such 
insurgents  to  disperse  and  retire  peaceably  to  their  respective  abodes  within  a  lim 
ited  time: 

Now,  therefore,  I,  Rutherford  B.  Hayes,  President  of  the  United  States,  do  hereby 
admonish  all  good  citizens  of  the  United  States  and  all  persons  within  the  territory 
and  jurisdiction  of  the  United  States,  against  aiding,  countenancing,  abetting,  or 
taking  part  in  such  unlawful  proceedings;  and  I  do  hereby  warn  all  persons  engaged 
in  or  connected  with  said  domestic  violence  and  obstruction  of  the  laws  to  disperse 
and  retire  peaceably  to  their  respective  abodes  on  or  before  noon  of  the  22d  day  of 
July,  instant. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
United  States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  21st  day  of  July,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-seven  and  of  the  Independence  of  the  United  States  of 
America  the  one  hundred  and  second. 

[SEAL.]  R.  B.  HAYES. 

By  the  President: 
WM.  M.  EVARTS, 

Secretary  of  State. 

By  evening  of  the  21st  Governor  Carroll  telegraphed  that  order 
had  been  restored  at  Baltimore  for  the  present  and  hoped  he  would 
be  able  to  restrain  violence  with  the  State  militia  and  local  police. 
He  added,  however,  that  lawlessness  at  Cumberland  was  increasing; 
and  as  it  would  require  all  the  State  forces  to  preserve  order  in  Balti 
more,  he  feared  he  might  be  obliged  to  ask  the  Government  for  aid 
at  that  point.1"  General  French  was  accordingly  directed  to  send  all 
the  men  he  could  spare  from  Martinsburg  to  Cumberland,  to  report 
to  Colonel  Douglass,  of  Governor  Carroll's  staff,  to  act  under  the 
orders  of  the  governor.  Major-General  Hancock,  the  commanding 
general  of  the  division  of  the  Atlantic,  arrived  in  Baltimore  early  on 
the  22d  and  assumed  charge  of  all  military  operations  in  that  section. 
By  noon  some  360  Regular  troops  had  arrived  from  New  York  and 
relieved  the  State  troops  at  the  Camden  station  and  the  Sixth  Regi 
ment  Armor}^,  so  that  these  latter  were  available  for  duty  along  the 
S.  Doc.  209 13 


194  FEDEKAL    AID    IN    DOMESTIC    DISTURBANCES. 

line  of  the  railroad.  General  French  removed  his  headquarters  to 
Cumberland  during-  the  day,  and  all  disposable  forces  were  concen 
trated  at  that  point.  In  the  meantime  all  available  troops  from  posts 
in  New  England  and  New  York  State  were  moved  toward  New  York 
Harbor,  to  be  held  in  readiness  for  such  disposition  as  the  emergency 
might  demand.  In  the  same  manner  troops  were  drawn  from  Colum 
bus,  Ohio,  to  Pittsburg,  and  from  St.  Louis  to  Indianapolis,  while 
others  from  west  of  the  Mississippi  were  moved  into  Chicago,  as  all 
of  these  points  had  been  threatened  during  the  day.  The  presence  of 
the  United  States  troops  at  Cumberland  seemed  to  be  satisfactory  to 
both  sides,  and  before  the  evening  of  the  22d  trains  were  running 
regularly  and  freely.  In  fact,  the  situation  in  this  section  had  so  far 
improved  that  General  Hancock  was  enabled  to  leave  Baltimore  on 
the  afternoon  of  the  23d  for  Philadelphia,  where  the  state  of  affairs 
had  become  threatening.118 

On  the  morning  of  the  19th  all  the  crews  of  the  freight  trains  of  the 
Pennsylvania  Railroad  then  at  Pittsburg  stopped  work  and  declared  a 
strike.  All  freight  trains  were  stopped  as  they  reached  the  city,  and 
by  night  a  mob  to  the  number  of  perhaps  1,500  had  collected  in  the 
yards,  but  be}7ond  blocking  traffic  they  attempted  no  serious  disturb 
ance.  On  the  20th  all  freight  traffic  on  the  Pennsylvania  road  was  at 
a  standstill,  and  the  mob  at  Pittsburg  was  growing  larger  and  more 
threatening.  By  this  time  the  governor,  who  was  hastening  home 
from  the  Pacific  coast  with  all  possible  speed,  had 

at  Pittsburg,  Pa.,  become  fully  impressed  with  the  gravit}^  of  the  situa 
tion  and  had  telegraphed  orders  calling  out  the  entire 
national  guard  of  the  State,  sending  the  Philadelphia  regiments  to 
Pittsburg  in  order  to  avoid  any  difficulty  growing  out  of  possible 
sympathy  between  the  strikers  and  the  militia.  This  was  an  unfortu 
nate  move,  though  inspired  by  the  most  prudent  judgment.  All  day 
Saturday,  the  21st,  the  Sixth  Division  of  the  Pennsylvania  National 
Guard  composed  in  the  majority  of  the  regiments  from  Philadelphia, 
was  slowly  making  its  way  across  the  State,  and  each  hour  the  mob  at 
Pittsburg,  resenting  their  coming,  was  increasing  in  numbers  and 
determination.  At  5  o'clock  the  advance  of  the  guard  reached  the 
suburbs  of  the  city,  and  was  greeted  by  a  shower  of  stones  and  other 
missiles,  to  which  the  troops  replied  by  several  volleys  of  musketry. 
The  mob,  driven  to  frenzy,  broke  open  a  gu-n  shop  and,  having  pro 
cured  several  pieces  of  ordnance,  returned  to  the  attack.  In  the  mean 
time  the  troops  had  taken  up  their  position  in  a  roundhouse,  and  this 
was  repeatedly  attacked  by  the  mob,  rapid  firing  ensuing  on  both 
sides.  Finding  themselves  unable  to  dislodge  the  soldiers,  the  mob  set 
fire  to  a  number  of  cars  loaded  with  oil  and  coke,  which  they  saturated 
with  oil,  and  hurled  them  against  the  roundhouse.  This  continued 
throughout  the  night  of  the  21st,  but  soon  after  daylight  the  troops 


RIOTS    AT   PITTSBURG,   PA.,   JULY    19,   1877.  195 

managed  to  make  a  successful  retreat  and  ultimately  succeeded  in 
reaching  the  opposite  side  of  the  river  and  disbanding,  but  not  before 
a  large  number  had  been  killed  and  wounded.  The  mob,  however, 
having  tasted  the  sweets  of  revenge,  proceeded  to  set  fire  indiscrimi 
nately  to  all  railroad  property  in  sight,  so  that  by  7  o'clock  the 
machine  shops,  two  roundhouses,  125  locomotives,  over  2,000  loaded 
freight  cars,  and  all  the  buildings  of  the  Pennsylvania  road,  to  the 
value  of  between  $8,000,000  and  $10,000,000,  were  a  mass  of  flames. 
To  this  succeeded  plundering  and  the  most  indiscriminate  robbery  and 
destruction.  During  the  whole  of  Sunday  the  depots  of  the  Pittsburg, 
Cincinnati  and  St.  Louis,  the  offices,  depots,  and  engine  houses  of  the 
Panhandle  line,  of  the  Adams  Express  Company,  and  the  Pullman  Car 
Company,  and  many  private  structures  were  plundered  and  consumed. 
The  citizens  of  Pittsburg  viewed  the  destruction  with  apparent  indif 
ference  until  Monday  morning,  the  23d,  when,  the  fury  of  the  mob 
having  spent  itself,  citizen  companies  were  organized  and  armed  for 
protection. 

The  first  call  from  Pennsylvania  for  aid  came  on  the  21st  from  the 
mayor  of  Philadelphia,  who  feared  that  the  withdrawal  of  the  local 
militia  would  encourage  the  lawless  element.119  To  this  the  Secretary 
of  War  replied  on  the  22d  that  troops  would  be  immediately  sent  to 
Philadelphia  to  meet  any  emergency,  and  that  the  President  would 
exert  eveiy  constitutional  power  to  restore  order  and  protect  prop 
erty.  12°  At  the  same  time  the  President  directed  General  Hancock  to 
go  to  Philadelphia  as  soon  as  he  could  leave  Baltimore  with  safety, 
taking  the  battalion  of  marines,  and  halting,  if  necessary,  any  troops 
en  route  from  New  England.  In  communicating  these  instructions 
the  Secretary  of  War  added  that  the  state  of  affairs  at  Philadelphia  was 
very  threatening,  and  that,  while  the  governor  of  Pennsylvania  had 
not  yet  made  a  formal  call  for  troops,  the  President  wished  to  prepare 
in  season  for  emergencies. 11J  As  the  news  of  the  riots  at  Pittsburg 
was  being  received,  every  effort  was  made  to  reach  Governor  Hart- 
ranft,  but  it  was  not  until  midnight  of  Sunday  the  22d  that  he  could  be 
located.  At  1  a.  m.  on  the  23d  the  following  dispatch  was  delivered 
to  the  President  at  the  Soldiers'  Home: 

CRESTON,  WYOMING  TERRITORY, 

July  22,  1877. 
President  HAYES,  Washington: 

I  call  upon  you  for  troops  to  assist  in  quelling  mobs  within  the  borders  of  the 
State  of  Pennsylvania.  Respectfully  suggest  that  you  order  troops  from  adjoining 
States,  and  prepare  to  call  for  volunteers  authorized  by  act  of  Congress. 

J.  F.  HARTRANFT. 

By  this  time  General  Hancock  had  reached  Philadelphia,  where  he 
found  the  strikers  in  considerable  force  and  demonstrative,  but  com 
mitting  no  overt  acts.  He,  however,  ordered  the  troops  en  route  from 


196  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Fort  Adams,  R.  I.,  and  Fort  Trumbull,  Conn.,  194  in  number,  and 
those  from  Fort  Warren  and  Independence,  Mass.,  102  strong,  to 
halt  in  Philadelphia,  so  that  by  nightfall  he  had,  with  the  marines,  a 
force  of  something1  over  450  men  and  the  four  guns  of  Light  Battery  C, 
of  the  Third  Artillery.  The  commanding  officer  of  the  arsenal  at 
Pittsburg  reported  that  all  was  quiet  at  that  point,  and  that  the  troops 
from  Columbus,  Ohio,  ordered  to  join  him  the  night  before,  had 
arrived.  During  the  morning  the  proclamation  of  the  President  was 
published  and  given  the  fullest  circulation  throughout  the  State.  It 
was  as  follows: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  it  is  provided  by  the  Constitution  of  the  United  States  that  the  United 
States  shall  protect  every  State  in  this  Union,  on  application  of  the  legislature,  or  of 
the  executive  (when  the  legislature  can  not  be  convened),  against  domestic  violence; 

And  whereas,  the  governor  of  the  State  of  Pennsylvania  has  represented  that 
domestic  violence  exists  in  said  State  which  the  authorities  of  said  State  are  unable 
to  suppress; 

And  whereas,  the  laws  of  the  United  States  require  that  in  all  cases  of  insurrection 
in  any  State  or  of  obstruction  to  the  laws  thereof,  whenever  in  the  judgment  of  the 
President  it  becomes  necessary  to  use  the  military  forces  to  suppress  such  insurrec 
tion  or  obstruction  to  the  laws,  he  shall  forthwith  by  proclamation  command  such 
insurgents  to  disperse,  and  retire  peaceably  to  their  respective  abodes  within  a 
limited  time: 

Now,  therefore,  I,  Rutherford  B.  Hayes,  President  of  the  United  States,  do  hereby 
admonish  all  good  citizens  of  the  United  States,  and  all  persons  within  the  territory 
and  jurisdiction  of  the  United  States  against  aiding,  countenancing,  abetting,  or  tak 
ing  part  in  such  unlawful  proceedings;  and  I  do  hereby  warn  all  persons  engaged  in 
or  connected  with  said  domestic  violence  and  obstruction  of  the  laws  to  disperse  and 
retire  peaceably  to  their  respective  abodes  on  or  before  12  o'clock  noon,  of  the  24th 
day  of  July,  instant. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  caused  the  seal  of  the 
United  States  to  be  fixed. 

Done  at  this  city  of  Washington,  this  23d  day  of  July,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-seven,  and  of  the  Independence  of  the  United  States 
of  America  the  one  hundred  and  second. 

[SEAL.]  R.  B.  HAYES. 

By  the  President: 
WM.  M.  EVARTS, 

Secretary  of  State. 

The  situation  in  Pennsylvania  during  the  23d,  24th,  and  25th  was 
one  of  comparative  quiet.  The  blockade  inaugurated  at  Martinsburg 
on  the  18th  and  at  Pittsburg  on  the  19th  had  now  extended  into  the 
adjoining  States,  so  that  one  after  another  the  railroads  leading  into 
Baltimore,  Philadelphia,  and  Pittsburg,  so  far  as  their  freight  business 
was  concerned,  had  to  come  to  a  standstill.  This  situation  necessi 
tated  the  stopping  of  many  roads  that  were  otherwise  innocent  of  par 
ticipation  in  the  strike,  while  a  number  of  others  whose  employees 


RIOT    AT    PITTSBUKG,   PA.,   JULY    19,   1877.  197 

were  affected  by  sympathy  suspended  operations  to  await  its  outcome. 
Among-  the  latter  were  the  Erie,  the  New  York  Central,  the  Delaware, 
Lackawanna  and  Western,  and  the  Canada  Southern,  all  operating  in 
the  State  of  New  York,  but  reaching  across  Pennsylvania  into  Ohio. 
All  these  roads  struck  on  Tuesday,  the  24th,  so  that  by  the  morning 
of  the  25th,  when  Governor  Hartranft  arrived  at  Philadelphia,  there 
was  a  cessation  of  labor  throughout  the  affected  States  that  practically 
amounted  to  a  paralysis.  It  is  estimated  that  at  that  moment  fully 
100,000  men,  ordinarily  emp^ed  at  good  wages,  were  on  strike,  and 
perhaps  ten  times  that  number  ready  to  join  them  on  the  slightest 
provocation. 

For  a  time  a  conflict  of  opinion  between  the  State  and  Federal 
authorities  seemed  to  threaten  a  defeat  of  the  very  purposes  of  their 
joint  action.  In  the  cases  of  West  Virginia  and  Maryland  the  Presi 
dent  had  been  especially  careful  that  the  Federal  troops  should  report 
to  the  governor  and  act  under  his  direction,  and  General  Hancock  had 
been  instructed  to  pursue  a  similar  course  in  Pennsylvania;  but  upon 
reflection  the  President  was  inclined  to  think  that  when  a  State  had 
exhausted  all  its  resources  and  by  an  appeal  to  the  General  Govern 
ment  had  confessed  its  defeat  and  admitted  its  inability  to  cope  with 
the  situation,  it  was  for  the  Federal  Government  to  assume  the  direc 
tion  of  subsequent  affairs,  inasmuch  as  by  responding  to  the  appeal  of 
the  State  it  had  accepted  the  responsibility  and  would  be  held  account 
able  for  the  consequences.  In  this  view  of  the  case  and  under  the  cir 
cumstances  known  to  exist  in  Pennsylvania  the  President  thought  that 
General  Hancock  should  take  command  of  all  the  troops  engaged  in 
suppressing  domestic  violence  within  the  State,  including  both  the 
United  States  forces  and  those  furnished  by  the  State.  He  deferred, 
however,  to  a  suggestion  of  General  Hancock  that  inasmuch  as  the 
governor  believed  that  he  could  maintain  the  supremacy  of  the  law, 
and  with  the  moral  effect  of  the  Federal  cooperation  was  willing  to 
undertake  it,  it  would  be  time  enough  for  the  Government  to  insist 
upon  its  position  when  the  governor  had  failed  to  accomplish  successful 
results."  In  the  furtherance  of  this  policy  Major-General  Schofield, 
who  in  the  absence  of  both  General  Sherman  and  Lieutenant-General 
Sheridan  in  the  far  West  had  been  ordered  to  Washington,  was  directed 
to  stop  at  Philadelphia  and  confer  with  the  governor  and  General 
Hancock.  At  this  conference  it  was  decided  that  an  attempt  should 
be  made  at  once  to  open  up  the  road  from  Philadelphia  to  Pittsburg 
by  a  force  of  State  troops  under  the  immediate  command  of  the  gov 
ernor,  supported  by  United  States  troops  under  an  efficient  officer  to 
be  designated  by  General  Hancock.  General  Schofield  arrived  at 
Washington  with  the  terms  of  this  project  at  midnight  of  the  25th, 

a  See  Documents  Nos.  122  to  132. 


198  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

and,  the  plan  being  approved  by  the  President,  measures  were  at  once 
instituted  to  carry  it  into  effect. 

The  combined  forces,  numbering  over  2,000  State  troops  under 
General  Beaver  and  500  United  States  troops  under  the  command  of 
Maj.  John  Hamilton,  First  U.  S.  Artillery,  left  West  Philadelphia  at 
11  o'clock  on  the  night  of  the  26th,  the  governor  having  already  gone 
forward  with  a  strong  force  from  Harrisburg.  There  was  some  little 
delay  at  Johnstown,  where  the  Cambria  Iron  Works  are  located  and 
several  thousand  men  on  strike,  and  a  misplaced  switch  threw  several 
cars  from  the  track,  but  the  damage  was  speedily  repaired,  and  a  few 
minutes  before  noon  of  the  28th  the  troops  arrived  at  Pittsburg.  The 
regular  troops  were  marched  directly  to  the  United  States  arsenal 
and  remained  at  that  point  for  the  following  two  weeks,  but  were  not 
called  upon  for  further  service.  The  strikers  came  to  terms  on  the 
27th,  and  by  the  30th  traffic  had  been  resumed  on  the  trunk  lines  and 
on  most  of  the  smaller  roads  east  of  the  Ohio.  Disturbances  had  in 
the  meantime  broken  out  at  Reading,  where  13  rioters  had  been  killed 
in  a  collision  with  the  militia  and  43  wounded,  and  a  force  of  200  men, 
under  Major  Hamilton,  was  sent  to  that  point,  and  about  the  1st  of 
August,  by  which  time  the  disturbances  incident  to  the  railroad  strikes 
had  ended,  it  was  found  necessaiy  to  send  troops  to  the  anthracite  coal 
regions  of  Pennsylvania,  where  the  miners  had  defied  the  authorities, 
and  for  a  week  or  more  detachments  of  the  Army  were  stationed  at 
Scranton,  Wilkesbarre,  Mauch  Chunk,  and  Easton.  But  in  every 
instance  the  presence  of  the  United  States  troops  sufficed  to  repress 
the  disorders,  and  during  the  entire  period  of  the  labor  troubles  no 
serious  resistance  was  ever  made  to  them. 

The  blockade  at  Pittsburg  commencing  on  the  19th  and  continuing 
through  the  20th  naturally  resulted  in  the  blocking  of  that  portion  of 
the  lines  crossing  the  State  of  Ohio.  The  train  hands  on  the  Pitts 
burg,  Fort  Wayne  and  Chicago  road  struck  on  the  afternoon  of  the 
19th  and  on  the  Baltimore  and  Ohio  on  the  20th.  This  effectually 
blocked  everything  at  Steubenville  and  at  Newark,  at 

Disturbances  .  .        J  .  .' 

in  Ohio,          which  points  great  crowds  assembled,  causing  serious 

July  16-30, 1877.  B  .f. 

apprehensions  on  the  part  ot  the  authorities,  lo 
quiet  these  fears  the  governor  ordered  out  the  State  troops.  Early  in 
the  month  the  governor  of  Ohio  had  made  requisition  upon  the  Gen 
eral  Government  for  arms  and  ammunition,  and  although  the  State 
had  but  a  small  balance  to  its  credit  the  President  decided  that  the 
emergency  warranted  the  exercise  of  extraordinary  powers  and 
directed  the  issue  of  as  many  arms  as  could  be  spared.  Accordingly, 
2,500  Springfield  rifles,  .45,  were  sent  from  the  Rock  Island  Arsenal 
on  the  23d  to  Columbus.  On  that  date  all  trains  were  stopped  on  the 
Ohio  and  Mississippi  road;  on  the  Cleveland,  Cincinnati  and  Colum 
bus  at  Cleveland;  on  the  Hocking  Valley  and  on  the  Indianapolis  and 


RIOTING    AT    INDIANAPOLIS,  IND. ,   JULY,   1877.  199 

St.  Louis.  At  Toledo  the  Lake  Shore  and  Michigan  Southern  was 
blocked,  and  a  similar  tie  up  existed  on  the  Erie  at  Youngstown.  At 
Columbus,  where  a  dozen  railroads  centered,  the  idle  railroad  hands 
were  joined  by  a  mob  of  miners  and  tramps,  who  closed  the  rolling 
mills,  machine  shops,  and  factories,  and  at  Zanesville  the  most  of  the 
factories  and  mills  were  closed  on  the  plea  of  sympathy  with  the  rail 
road  strikers  at  Pittsburg. 

Although  no  formal  call  for  military  aid  as  required  by  the  Consti 
tution  was  made  by  the  governor  of  Ohio,  many  earnest  appeals  came 
from  local  authorities,  but  beyond  the  stationing  of  a  considerable 
force  at  Newport  Barracks  opposite  Cincinnati,  a  point  from  which 
they  could  be  speedily  thrown  into  the  State,  no  assistance  was  directly 
rendered.  On  the  2d  of  August,  Col.  E.  S.  Otis  in  command  of  a  force  of 
United  States  troops,  en  route  to  Fort  Wayne,  passed  through  Toledo, 
where  the  strikers  were  especially  violent,  and  the  local  authorities 
implored  him  to  stay  and  render  assistance.  He  submitted  the  ques 
tion  to  General  Hancock,  who  decided  that  unless  legally  summoned 
by  the  sheriff  as  a  posse  comitatus  he  should  take  no  part  in  suppress 
ing  the  rioters,  inasmuch  as  the  governor  had  not  called  for  assist 
ance.  In  the  end  the  State  authorities,  aided  by  the  National  Guard 
and  citizens'  committee,  succeeded  in  quelling  the  disturbances  at 
Zanesville,  Columbus,  Toledo,  and  Cleveland,  but  it  was  nearly  the 
middle  of  August  before  order  had  been  completely  restored. 

As  the  strike  progressed  westward,  two  points  in  Indiana  threatened 
for  a  time  to  call  for  the  most  energetic  measures.  These  were  Fort 
Wayne,  where  the  headquarters  of  the  western  section  of  the  Penn 
sylvania  system  crossed  the  Wabash  road,  and  at  Indianapolis,  where 
were  centered  a  half  dozen  trunk  lines  as  well  as  nearly  a  score  of 
shorter  roads.  At  both  of  these  points  there  was  a  complete  embargo 
as  early  as  the  20th.  At  Jeffersonville,  opposite  the  city  of  Louisville, 
another  considerable  railroad  point,  is  located  the  largest  quarter 
master's  depot  in  the  country,  and  at  Indianapolis,  an  arsenal,  where 
was  stored  a  large  quantity  of  small  arms  and  ammunition.  To  fully 
protect  these  points,  troops  had  been  sent,  and  their 

Rioting  at  .  , .         ,  i         i      • 

Indianapolis,  ind.,  presence  immediately  prevented  their  attempted 
seizure  by  the  immense  mobs  that  gathered  in  the 
adjoining  cities.  On  the  25th  United  States  Judge  Gresham  advised 
the  President  that  the  situation  at  Indianapolis  was  most  critical  and 
dangerous.  He  stated  that  the  State  authorities  were  doing  nothing 
and  that  the  mob  was  for  the  moment  the  only  supreme  power  in  the 
State.  He  thought  an  officer  of  high  rank  of  the  Army  should  be 
sent  there  at  once.133  On  the  26th  the  governor  of  Indiana,  finding 
the  capital  surrounded  by  a  wholly  reckless  mob  bent  on  mischief, 
called  on  the  commandant  of  the  arsenal  for  assistance.  The  latter 
referred  him  to  Washington,  and  at  10  p.  m.  of  that  date  the  Presi- 


200  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

dent  received  the  following  telegram,  to  which  is  subjoined  the  reply 
of  the  Secretary  of  War: 

INDIANAPOLIS,  IND.  ,  July  26. 
The  PRESIDENT  OF  THE  UNITED  STATES, 

Washington,  D.  C.: 

In  view  of  the  threatened  domestic  violence  growing  out  of  the  railroad  strike,  I 
request  that  authority  be  at  once  given  to  the  commandant  of  the  arsenal  to  render 
me  all  the  aid  possible  in  preserving  the  public  peace. 

JAMES  D.  WILLIAMS, 

Governor  of  Indiana. 

WAR  DEPARTMENT, 
Washington  City,  July  37,  1877. 
Gov.  JAMES  D.  WILLIAMS, 

Indianapolis,  Ind.: 

I  am  directed  by  the  President  to  say  that  in  the  absence  of  a  call  upon  him  under 
the  Constitution  and  statute  for  military  aid  in  suppressing  domestic  violence  the 
Federal  troops  at  Indianapolis  can  only  be  used  in  protecting  property  of  the  United 
States  and  enforcing  process  of  Federal  courts. 

GEO.  W.  MCCRARY, 

Secretary  of  War. 

At  the  same  time  additional  troops  were  sent  to  the  arsenal  at  Indi 
anapolis,  and  on  the  27th  arms  and  ammunition  were  issued,  at  the 
request  of  the  governor,  to  four  companies  of  militia — 360  men — who 
were  also  permitted  to  camp  at  the  arsenal.  The  city  was  greatly 
excited  from  the  27th  to  the  30th;  a  committee  of  safety  was  organized 
by  the  citizens,  and  fears  were  entertained  that  the  mob  would  repeat 
the  scenes  of  Pittsburg.  On  the  28th  the  President,  }Tielding  to  the 
opinions  of  Judge  Gresham,  General  Harrison,  and  other  leading  citi 
zens  of  the  State,  decided  that  in  cases  where  troops  should  be  called 
for  by  United  States  marshals  to  aid  in  enforcing  the  processes  of  the 
United  States  courts  they  might  be  furnished,  but  in  such  event  he 
desired  that  the  officers  in  command  of  troops,  before  resorting  to 
extreme  measures  to  compel  obedience,  should,  in  the  name  of  the 
United  States,  command  the  insurgents  to  disperse  and  desist  from 
resisting  the  process  of  the  United  States.136  A  riot  occurred  at  Fort 
Wayne  on  the  28th,  and  on  the  same  date  a  small  force  was  sent  to 
Vincennes  in  response  to  the  call  of  the  United  States  marshal,  but  on 
learning  of  their  coming  the  rioters  dispersed.  This  latter  force  was 
then  sent  to  Terre  Haute,  where  a  mob  of  some  3,000  or  4,000  had 
assembled  and  were  preventing  the  running  of  trains,  but  their  arrival 
was  followed  by  similar  results  as  at  Yincennes.  The  small  force  under 
Colonel  Otis  en  route  to  Pittsburg  was  halted  at  Fort  Wayne,  but  was 
not  called  upon  for  any  service. 

It  was  nearly  a  week  from  the  inauguration  of  the  strike  at  Martins- 
burg  before  its  exterior  circles  had  reached  Chicago.  The  men  stopped 
work  on  the  Vandalia  and  the  Chicago  and  Alton  on  the  23d.  On  the 
24th  General  Drum,  at  Chicago,  having  telegraphed  that  from  Dresent 


RIOTING    AT    CHICAGO,  ILL.,  JULY    26-28,   1877. 

indications  all  the  trunk  lines  from  the  West  into  Chicago  would  be 

closed  before  night,  the  troops  from  Omaha  (Ninth  Infantry)  were 

ordered  east,  the  Twenty-second  Infantry,  from  Detroit,  as  well  as  two 

companies    from   Montana   being   already    en   route    to   that   point. 

Although  the  mayor  had  expressed  his  opinion  that 

at  Chicago,  in.,    "the  presence  of  troops  at  Chicago  would  only  asfffra- 

July  26-28,  1877.  .    ,.  ,,         „     ,,  ... 

yate  existing  troubles,"  the  mob  was  permitted  to 
gather  and  increase  in  numbers  and  turbulence  throughout  the  24th 
and  25th,  shutting  up  factories  and  committing  all  manner  of  depreda 
tions.  On  the  24th  Governor  Cullom  had  inquired  if  there  were  troops 
on  the  way  to  Chicago  and  had  been  advised  of  the  small  force  from 
Detroit.  On  the  25th  signs  of  the  coming  storm  were  so  apparent  that 
he  lost  no  further  time  in  calling  for  aid. 

SPEINGFIELD,  ILL.  ,  July  25,  1877. 
His  Excellency  R.  B.  HAYES, 

President  United  States,  Washington,  D.  C.: 

Lawlessness  exists  in  this  State  to  such  an  extent  that  I  am  unable  with  forces  at 
my  command  to  quell  the  same  and  protect  the  law-abiding  citizens  in  their  rights. 
I  therefore  call  upon  you  for  assistance  by  furnishing  military  and  without  delay. 
Can  the  six  companies  at  Rock  Island  be  forwarded  to  Chicago  at  once?  Domestic 
violence  exists  in  the  State. 

S.  M.  CULLOM, 

Governor. 

On  the  26th  a  fierce  encounter  took  place  between  the  mob  and  the 
police,  aided  by  the  militia,  in  which  19  were  killed  and  nearly  100 
injured  and  wounded.  It  began  with  an  attempt  on  the  part  of  the 
police  to  clear  the  streets;  the  crowds  resisted  and  again  and  again 
forced  the  police  to  retire.  At  last  a  force  of  some  300  policemen, 
properly  officered  and  maneuvered,  made  a  determined  charge  on  a 
crowd  composed  of  many  thousands;  the  crowd  broke  but  rallied, 
heavily  reenforced.  To  this  the  police  responded  by  another  fierce 
charge,  backed  by  a  company  of  mounted  militia,  with  results  as  already 
stated.  Many  similar  skirmishes  ensued  in  various  parts  of  the  city, 
continuing  through  the  day  and  far  into  the  night.  As  soon  as  the 
call  of  Governor  Cullom  was  received,  the  following  dispatch  was  sent 
to  General  Drum  at  2.50  a.  m.  of  the  26th: 

WAR  DEPARTMENT, 

Washington,  D.  C.,  July  26,  1877. 
Col.  R.  C.  DRUM, 

Assistant  Adjutant-General,  Chicago,  111.: 

The  President  directs  that  you  use  the  United  States  troops  in  case  of  emergency 
in  suppressing  riot  at  Chicago,  under  orders  of  governor  of  the  State.  The  orders 
you  have  given  for  movement  of  troops  are  approved.  I  have  ordered  Major  Flagler 
to  send  you  the  Gatlings  and  ammunition.  Inform  Governor  Cullom  of  this  in  reply 
to  his  request  for  them.  Acknowledge  receipt. 

E.  D.  TOWNSEND, 

Adjutant-  General. 


202  FEDERAL    AID    IN    DOMESTIC    DISTUKBANCES. 

On  the  receipt  of  this  the  two  companies  of  the  Twenty-second  then 
at  Chicago  were  reported  to  the  mayor,  and  by  2  p.  m.  four  more 
companies  of  the  Twenty-second  and  six  of  the  Ninth  had  arrived  and 
been  put  on  duty,  but  none  of  the  regular  troops  were  engaged  in  the 
affray  with  the  mob.1*5  On  the  morning  of  the  27th  the  mayor  called 
for  guards  from  these  troops  to  protect  the  city  gas  and  water  works, 
and  these  were  promptly  given,  as  also,  on  the  application  of  the 
Treasury  officials,  guards  were  placed  at  the  bonded  warehouses. 
Later  in  the  day  the  following  instructions  were  sent  to  General  Drum: 

WAR  DEPARTMENT, 

Washington,  D.  C.,  July  27,  1877. 
Col.  R.  C.  DRUM, 

Chicago,  111.: 

The  President  directs  that  the  troops  under  your  command  are  to  be  used  in  pro 
tecting  the  property  of  the  United  States  and  in  enforcing  the  process  of  the  courts 
of  the  United  States.  Should  a  pressing  emergency  again  arise  for  their  use  other 
wise,  you  will  telegraph  for  further  orders  unless  circumstances  make  it  impossible. 
You  will  make  such  display  of  your  force  for  moral  effect  as  you  may  deem  expedient 
and  will  advise  me  as  to  situation. 

GEO.  W.  McCRARY, 

Secretary  of  War. 

Although  there  was  some  rioting  at  Chicago  for  several  days  fol 
lowing,  there  were  no  serious  encounters  with  the  strikers,  and  when 
General  Sheridan  arrived,  on  the  30th,  he  was  able  to  report  that  the 
city  was  tranquil,  and  he  had  no  doubt  that  this  was  largely  due  to  the 
confidence  inspired  by  the  presence  of  the  regular  troops.147  In  defer 
ence  to  this  condition  of  public  opinion,  the  troops  were  kept  at 
Chicago  until  about  the  20th  of  August,  but  at  no  time  were  they 
actively  employed. 

The  strike  reached  St.  Louis  on  the  23d.  On  the  previous  evening 
the  railroad  employees  in  that  section  met  at  East  St.  Louis  and 
decided  to  tie  up  all  freight  trains  at  midnight.  Information  of  this 
decision  was  immediately  communicated  to  the  President,  who  directed 
General  Pope,  then  commanding  the  Department  of  the  Missouri  at 
Fort  Leavenworth,  to  send  to  St.  Louis  all  the  force  he  could  spare, 
and  to  proceed  to  that  point  himself  if  he  deemed  it  necessary.  In 
accordance  with  these  instructions,  Col.  Jeff.  C.  Davis,  with  six  com 
panies  of  the  Twenty-third  Infantry,  left  Fort  Leaven- 
at  st.  Louis,  MO.,  worth  at  10  p.  m.  of  the  23d,  arriving  at  St.  Louis  on 

July  23-26,  1877.  ' 

the  afternoon  of  the  24th.  The  commanding  officer 
of  these  troops  was  expressly  instructed  that  his  duty  was  simply  to 
protect  the  property  of  the  United  States;  that  until  a  call  should  have 
been  made  by  the  State  upon  the  United  States,  duly  responded  to,  he 
should  take  no  part  in  suppressing  insurrection  against  the  State 
laws.153  Later  in  the  day  General  Davis  was  joined  by  two  companies 
from  Fort  Riley,  with  two  Gatling  guns,  and  six  more  companies 


KIOTING    AT    ST.   LOUIS,  MO.,  JULY   23-26,   1877.  203 

were  put  en  route.  During  the  night  of  the  24th  and  throughout  the 
25th  the  mob  at  St.  Louis  was  being  constantly  recruited,  and  the  sit 
uation  was  extremely  threatening.  The  same  practice  of  closing  the 
workshops  as  a  method  of  showing  sympathy  with  the  railroad  strik 
ers  as  was  carried  out  in  other  cities  was  pursued  at  this  point,  so  that 
the  streets  became  congested  with  idle  workmen,  the  shiftless  unem 
ployed  and  the  miscellaneous  rabble  that  is  always  abroad  at  such 
times,  and  the  same  spirit  of  riot  that  had  exhausted  itself  in  the  East 
now  renewed  itself  on  the  west  bank  of  the  Mississippi.  On  the  25th 
and  26th  business  at  St.  Louis  was  at  a  standstill.  To  prevent  a  repe 
tition  of  the  scenes  at  Pittsburg  and  Chicago,  the  citizens  formed  large 
committees,  and  these  having  called  upon  the  General  Government 
for  10,000  arms  and  sufficient  ammunition,  General  Pope  was  author 
ized  to  deliver  all  that  were  required  "to  the  State  authorities  upon  a 
requisition  of  the  governor."  On  the  26th  an  immense  crowd  marched 
through  the  streets  in  regular  column,  surrounded  the  police  head 
quarters  and  the  armories  of  the  militia,  daring  the  latter  to  fight  and 
taunting  the  police  with  cowardice.  At  East  St.  Louis  the  situation 
was  even  worse.  No  freight  trains  were  permitted  to  leave  in  any 
direction,  and  the  strikers  were  masters  of  the  situation.  This  point, 
however,  was  within  the  limits  of  the  State  of  Illinois,  and  no  call  for 
troops  for  use  at  East  St.  Louis  had  been  received.  In  the  meantime 
the  citizens  at  St.  Louis,  to  the  number  of  more  than  3,000,  had  been 
organized  and  armed  and  were  doing  good  service. 

On  the  27th  the  judge  of  the  United  States  court  called  for  aid  in 
enforcing  the  mandates  of  his  court,  and  General  Davis,  having  been 
directed  to  furnish  it,  immediately  reported  to  the  marshal,  who,  with 
the  aid  of  the  troops,  seized  and  held  the  yards  and  tracks  of  the  Ohio 
and  Mississippi  and  the  St.  Louis  and  Southeastern,  as  well  as  the  St. 
Louis  bridge,  and  on  the  morning  of  the  28th  General  Davis  crossed 
the  river  and  took  possession  of  East  St.  Louis.  This  was  the  beginning 
of  the  end.  The  governor  of  Illinois  arrived  during  the  day  and  asked 
for  aid,  but  the  President  decided  that  beyond  protecting  United  States 
property  and  enforcing  the  mandates  of  the  courts  the  troops  should  not 
act  until  the  States  of  Missouri  and  Illinois  had  exhausted  all  their 
resources  in  enforcing  peace  and  order  within  their  own  borders.  The 
strikers  by  this  time  had  opened  negotiations  with  their  employers, 
and  within  twenty- four  hours  freight  trains  were  moving  on  the  trunk 
lines,  and  by  the  2d  of  August  business  had  resumed  its  ordinary  chan 
nels.  The  troops  remained  at  St.  Louis  until  the  20th,  when  they  were 
returned  to  their  stations. 

Although  the  more  serious  disturbances  of  the  labor  strikes  of  1877 
were  confined  to  the  States  here  mentioned,  their  reflex  action  affected 
to  a  greater  or  less  degree  several  of  the  surrounding  States.  In  New 
York  there  were  riots  at  Buffalo,  Hornellsville,  Elmira,  and  a  half  dozen 


204  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

other  points,  but  in  every  instance  the  National  Guard  proved  compe 
tent  to  handle  the  situation.  On  Wednesday,  the  25th,  every  railroad 
man  in  New  Jersey  was  on  strike  and  traffic  was  entirely  suspended, 
but  there  were  no  acts  of  violence,  and  the  determined  attitude  of  the 
authorities  at  Jersey  City  and  Newark  prevented  any  prolongation  of 
the  blockade.  In  several  Western  cities,  other  than  those  already 
mentioned,  the  idle  and  dangerous  classes  attempted  to  intimidate  the 
authorities,  and  in  some  cases  bold  and  lawless  mobs  held  towns 
and  railway  junctions  and  prevented  the  running  of 

Dot?e?s?acteesin  trains  for  several  days.  On  the  24th  the  unsettled  and 
threatened  condition  of  affairs  at  Detroit  induced  the 
governor  of  Michigan  to  request  that  if  necessary  the  troops  at  Fort 
Wayne  be  made  subject  to  his  orders,  as  it  was  feared  an  emergency 
might  arise  where  their  services  would  be  absolutely  necessary  in 
maintaining  peace  and  enforcing  obedience  to  the  laws.154  He  was 
advised,  however,  that  the  troops  of  the  United  States  are  to  protect 
public  property  and  by  their  presence  promote  peace  and  order,  and 
that  they  can  not  take  part  in  suppressing  insurrection  against  State 
laws  until  call  is  made  by  the  State  upon  the  United  States  and 
responded  to  in  the  manner  provided  by  the  Constitution  and  the 
laws.155 

A  similar  condition  of  affairs  at  Milwaukee  on  the  25th  resulted  in 
a  similar  request  from  the  governor  of  Wisconsin,156  and  on  the  same 
day  the  governor  of  California,  in  the  fear  that  the  local  police  and 
State  militia  would  prove  inadequate  to  quell  impending  disturbances, 
desired  that  all  the  United  States  forces  at  San  Francisco  be  placed  at 
his  disposal  to  be  used  in  case  of  emergency.158  In  both  cases  the 
trouble  had  passed  before  the  Government  found  it  necessary  to  decide 
upon  a  course  of  action.  Again,  on  the  27th,  when  the  employees  of 
the  Chicago,  Burlington  and  Quincy  tied  up  the  trains  of  that  line  at 
Burlington,  the  citizens  of  that  city  suggested  that  regular  troops 
might  be  held  within  call  from  the  governor.  On  that  day  General 
Pope  was  at  St.  Louis  and  General  Ruger  at  Louisville,  in  order  that 
they  could,  if  necessary,  advise  the  President  as  to  the  need  of  troops 
at  those  points;  and  all  the  troops  in  the  Department  of  the  Gulf  and 
the  Department  of  the  South  were  ordered  North;  but  happily  these 
precautions  were  needless. 

In  his  annual  report  to  Congress  for  the  year  1877  the  President 
remarked  as  follows  concerning  the  foregoing  occurrence: 

The  very  serious  riots  which  occurred  in  several  of  the  States  in  July  last  rendered 
necessary  the  employment  of  a  considerable  portion  of  the  Army  to  preserve  the 
peace  and  maintain  order.  In  the  States  of  West  Virginia,  Maryland,  Pennsylvania, 
and  Illinois  these  disturbances  were  so  formidable  as  to  delay  the  local  and  State 
authorities,  and  the  National  Executive  was  called  upon,  in  the  mode  provided  by 
the  Constitution  and  laws,  to  furnish  military  aid.  I  am  gratified  to  be  able  to  state 


DISTUKBANCES    IN    OTHEK    STATES.  205 

that  the  troops  sent  in  response  to  these  calls  for  aid  in  the  suppression  of  domestic 
violence  were  able,  by  the  influence  of  their  presence  in  the  dis- 
Reports  of  President  turbed  regions,  to  preserve  the  peace  and  restore  order  without 
Secretaiyof  War.     tne  use  °^  force.     Iii  the  discharge  of  this  delicate  and  important 
duty  both  officers  and  men  acted  with  great  prudence  and  cour 
age,  and  for  their  services  deserve  the  thanks  of  the  country. 

Similarly  the  Secretary  of  War: 

I  am  glad  to  be  able  to  announce  that  the  Army  has  again  shown  itself  the  staunch 
friend  of  law,  the  firm  supporter  of  the  lawful  authorities,  and  in  an  eminent  degree 
the  conservator  of  peace  and  order.  It  is  also  a  source  of  great  pleasure  to  me  to  be 
able  to  announce  that  the  national  forces  sent  to  quell  these  disturbances  met  with 
little  resistance,  and  were  able  to  execute  all  their  orders  without  firing  a  gun  and 
without  bloodshed.  The  single  instance  of  serious  resistance,  at  Johnstown,  Pa.,  it 
is  believed  may  have  been  in  ignorance  of  the  fact  that  it  was  made  against  the 
national  troops. 


X.  DISTURBANCES  IN  THE  TERRITORIES,  1878-1894. 

LAWLESSNESS  IN  NEW  MEXICO,  1878— DISORDER  AT  HASTINGS,  NEBR.,  1879— APACHE 
OUTRAGES,  1882— DISORDERS  AT  SALT  LAKE  CITY,  UTAH,  1885— CHINESE  OUTRAGES, 
1885-86— CHINESE  AT  ROCK  SPRINGS,  WYO.— CHINESE  AT  SEATTLE,  WASH.— CHINESE 
IN  NEW  MEXICO— RIOTING  AT  CCEUR  D'ALENE  MINES,  IDAHO,  1892— MUNICIPAL 
TROUBLES,  DENVER,  COLO.,  1894. 


From  about  the  middle  of  October,  1877,  to  the  fall  of  1878,  the 
county  of  Lincoln,  in  the  Territory  of  New  Mexico,  was  in  a  state  of 
anarchy.  Lawlessness  and  murder  ran  riot  throughout  the  county, 
and  there  was  at  no  time  during  that  period  any  civil  or  other  power 
in  the  Territory  with  the  ability  or  inclination  to  maintain  order, 
except  the  regular  troops,  who  were  prohibited  by  law  from  assisting 
in  any  manner  to  keep  the  peace.  Bands  of  armed  men,  comprising 
in  the  aggregate  perhaps  250,  roamed  the  country  at  will,  robbing 
mail  coaches,  plundering  stores  and  ranches,  burning  settlements, 
committing  murder  and  every  possible  outrage.  To  resist  them  the 
county  possessed  the  ordinary  legal  machinery,  which,  in  that  section 
of  our  frontier  was  somewhat  rudely  adjusted,  and  the  Territory  even 
less  power  and  no  means  of  exercising  it  in  the  direction  of  restoring 
order  or  enforcing  the  laws.  In  February  the  governor  of  the  Terri 
tory  had  applied  to  the  senior  officer  of  the  Army  in  his  vicinity  for 
assistance  and  had  been  advised  that  troops  could  only  be  furnished  on 
the  orders  of  the  President,  which  must  be  based  upon  a  proper  appli 
cation  in  the  form  prescribed  by  the  statute.  In  March  the  governor 
forwarded  a  telegram  from  the  sheriff  of  Lincoln  County  asking  for 
aid  in  serving  the  legal  processes  of  the  courts,163  and  upon  this  the 
Secretary  of  War  directed  that  the  military  be  ordered  to  support  the 
civil  Territorial  authorities  in  maintaining  order  and  enforcing  legal 
process. 16  The  Judge-Advocate-General  of  the  Army,  however,  was 
of  the  opinion  that  a  sheriff,  or  other  State  official,  had 

Lawlessness  x 

in  New  Mexico,  no  such  authority  as  that  possessed  by  a  United  States 
marshal  to  call  upon  United  States  troops  to  serve  as 
a  posse;  that  the  governor's  application  was  not  accompanied  by  a 
statement  that  the  legislature  could  not  be  convened,  and  if  it  had 
been  so  accompanied  the  application  would  not  have  been  within  the 
constitutional  provision,  since  the  same  applies  to  " States"  and  not  to 
Territories.  m 

At  that  time  there  was  pending  before  Congress  a  bill,  which  subse 
quently  became  a  law,  that  was  intended  to  govern  the  employment  of 
206 


LAWLESSNESS    IN    NEW    MEXICO,    1878.  207 

troops  as  a  posse  comitatus.  By  the  15th  section  of  this  act  (approved 
June  18,  1878)  it  was  provided  that  "it  shall  not  be  lawful  to  employ 
any  part  of  the  Army  of  the  United  States  as  a  posse  comitatus,  or 
otherwise,  for  the  purpose  of  executing-  the  laws,  except  in  such  cases 
and  under  such  circumstances  as  such  employment  of  said  force  may  be 
expressly  authorized  by  the  Constitution  or  by  act  of  Congress."  The 
effect  of  this  act  was  to  prohibit  the  military  authorities  of  the  United 
States  from  aiding  the  officers  of  the  law  in  making  arrests  and,  as 
expressed  by  the  department  commander  (General  Pope)  in  his  annual 
report,  compelling  them  "to  stand  by  and  see  houses  containing 
women  and  children  attacked,  and  many  people,  and  some  of  them 
undoubtedly  persons  innocent  of  any  part  or  lot  in  these  quarrels, 
killed  or  driven  to  seek  refuge  on  the  military  reservation  of  Fort 
Stanton."  By  the  middle  of  August  the  situation  had  become  so 
exasperating  that  upon  the  solicitation  of  all  the  county  officers,  sup 
ported  by  the  commanding  officer  at  Fort  Stanton,  the  governor 
addressed  the  following  call  to  the  President: 

EXECUTIVE  DEPARTMENT, 
Santa  Fe,  N.  Hex.,  August  20,  1878 
His  Excellency  the  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 

SIR:  I  have  the  honor  as  governor  of  New  Mexico  to  apply  to  Your  Excellency  for 
protection  for  this  Territory  from  domestic  violence. 

The  Territorial  legislature  is  not  now  in  session  nor  can  it  be  convened  at  this  time. 

There  is  no  Territorial  militia  nor  has  the  governor  authority  to  call  for  volunteers. 

The  southeastern  portion  of  the  Territory  is  overrun  by  bands  of  armed  men,  num 
bering  in  all  about  200,  who  almost  daily  commit  the  most  atrocious  crimes,  such  as 
murder,  rape,  arson,  and  robbery.  Some  of  these  bands  come  from  Texas  and  some 
from  Old  Mexico.  One  band  when  asked  who  they  were  and  where  they  came  from 
replied,  "We  are  devils  just  come  from  hell,"  and  when  ordered  by  the  sheriff  of 
the  county  to  disband  and  return  to  their  homes  and  ordinary  avocations  they 
replied,  "We  have  no  homes;  we  are  at  our  ordinary  avocations." 

These  men  are  not  only  living  upon  the  good  people  of  the  Territory,  but  are  con 
stantly  committing  acts  of  wanton  cruelty  and  violence.  Many  men  have  been  mur 
dered,  and  several  women  and  young  girls,  mere  children,  have  been  ravished,  and 
large  quantities  of  property  stolen  and  destroyed. 

In  corrobo ration  of  my  statements  I  respectfully  refer  Your  Excellency  to  the 
inclosed  petition,  this  day  presented  to  me  in  person  by  the  county  officers  of  Lin 
coln  County. 

The  local  authorities  are  unable  to  protect  the  people  from  this  domestic  violence. 

I,  therefore,  S.  B.  Axtell,  governor  of  New  Mexico,  do  hereby  most  respectfully 
ask  assistance  from  the  United  States  under  the  Constitution  and  treaties  thereof. 
Most  respectfully,  Your  Excellency's  obedient  servant, 

[SEAL.]  S.  B.  AXTELL, 

Governor,  New  Mexico. 

By  the  governor: 

W.  G.  RICH. 

No  immediate  action  was  had  upon  this  application,  while  affairs  in 
the  Territory  became,  if  possible,  more  disorderly  than  before.  A 
party  of  renegades  from  Texas  styling  themselves  the  "Wrestlers" 


208  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

came  into  Lincoln  County  and  commenced  a  reign  of  terror  such  as 
left  all  former  atrocities  far  behind.  On  the  28th  of  September  they 
killed-  three  men  at  a  ranch  near  Fort  Stanton  without  the  slightest 
provocation,  stealing  every  horse  on  the  place,  and  proceeding  to 
another  ranch  15  miles  below,  where  they  killed  one  man  and  wounded 
another.  The  mail  stage  to  the  fort  was  robbed  the  same  day.  On 
the  6th  of  October  two  men  were  shot  and  killed  and  one  hung  near 
old  Fort  Sumner  and  three  others  killed  at  Puerta  de  Luna.  The 
frequency  of  these  outrages  determined  the  President  to  lose  no  fur 
ther  time  in  temporizing  with  the  situation.  Accordingly,  on  the  7th 
of  October  he  issued  the  following  proclamation: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  it  is  provided  in  the  laws  of  the  United  States  that  whenever,  by  reason 
of  unlawful  obstructions,  combinations,  or  assemblages  of  persons,  or  rebellion 
against  the  authority  of  the  Government  of  the  United  States,  it  shall  become 
impracticable,  in  the  judgment  of  the  President,  to  enforce  by  the  ordinary  course 
of  judicial  proceedings  the  laws  of  the  United  States  within  any  State  or  Territory,  it 
shall  be  lawful  for  the  President  to  call  forth  the  militia  of  any  or  all  the  States  and 
to  employ  such  parts  of  the  land  and  naval  forces  of  the  United  States  as  he  may 
deem  necessary  to  enforce  the  faithful  execution  of  the  laws  of  the  United  States  or 
to  suppress  such  rebellion,  in  whatever  State  or  Territory  thereof  the  laws  of  the 
United  States  may  be  forcibly  opposed  or  the  execution  thereof  forcibly  obstructed; 

And  whereas,  it  has  been  made  to  appear  to  me  that  by  reason  of  unlawful  combi 
nations  and  assemblages  of  persons  in  arms  it  has  become  impracticable  to  enforce, 
by  the  ordinary  course  of  judicial  proceedings,  the  laws  of  the  United  States  within 
the  Territory  of  New  Mexico,  and  especially  within  Lincoln  County  therein;  and 
that  the  laws  of  the  United  States  have  been  therein  forcibly  opposed  and  the  exe 
cution  thereof  forcibly  resisted; 

And  whereas,  the  laws  of  the  United  States  require  that  whenever  it  may  be  nec 
essary,  in  the  judgment  of  the  President,  to  use  the  military  force  for  the  purpose  of 
enforcing  the  faithful  execution  of  the  laws  of  the  United  States,  he  shall  forthwith, 
by  proclamation,  command  such  insurgents  to  disperse  and  retire  peaceably  to  their 
respective  abodes  within  a  limited  time: 

Now,  therefore,  I,  Rutherford  JB.  Hayes,  President  of  the  United  States,  do  hereby 
admonish  all  good  citizens  of  the  United  States,  and  especially  of  the  Territory  of 
New  Mexico,  against  aiding,  countenancing,  abetting,  or  taking  part  in  any  such 
unlawful  proceedings;  and  I  do  hereby  warn  all  persons  engaged  in  or  connected 
with  said  obstruction  of  the  laws  to  disperse  and  retire  peaceably  to  their  respective 
abodes  on  or  before  noon  of  the  13th  day  of  October  instant. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  United 
States  to  be  fixed. 

Done  at  the  city  of  Washington,  this  7th  day  of  October,  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-eight  and  of  the  Independence  of  the  United  States 
the  one  hundred  and  third. 

[L.  s.]  E.  B.  HAYES. 

By  the  President: 
F.  W.  SEWARD, 

Acting  Secretary  of  State, 


LAWLESSNESS    IN    NEW    MEXICO,  1878.  209 

This  was  followed  on  the  8th  by  a  letter  of  instructions  to  the  Com 
manding  General  of  the  Army: 

WAR  DEPARTMENT, 

Washington  City,  October  8,  1878. 
Gen.  WM.  T.  SHERMAN, 

Commanding  Army  of  the  United  States. 

GENERAL:  The  President  has  issued  a  proclamation  that,  by  reason  of  unlawful 
obstructions,  combinations,  and  assemblages  of  persons,  the  laws  of  the  United  States 
within  the  Territory  of  New  Mexico,  and  especially  in  Lincoln  County  therein,  can 
not  be  enforced  by  the  ordinary  course  of  judicial  proceedings,  and  commanding  the 
persons  composing  such  combinations  or  assemblages  to  disperse  and  repair  peace 
ably  to  their  respective  abodes  before  12  o'clock  noon  on  the  13th  instant.  This 
proclamation  is  preliminary  to  the  employment  of  the  troops  of  the  United  States  to 
preserve  the  peace  and  enforce  the  laws  in  case  the  disturbances  and  unlawful  com 
binations  continue  after  the  time  named. 

The  President  therefore  directs  that  you  instruct  the  proper  military  officer  that 
after  the  time  above  mentioned  has  expired  he  will  proceed  to  disperse,  by  military 
force,  all  such  unlawful  combinations  or  assemblages  of  persons  within  the  said  Ter 
ritory,  and  that  he  will,  by  the  use  of  such  force,  and  so  long  as  resistance  to  the 
laws  shall  continue,  aid  the  governor  and  authorities  of  the  Territory  in  keeping  the 
peace  and  enforcing  the  laws. 

I  have  the  honor  to  remain,  very  respectfully,  your  obedient  servant, 

GEO.  W.  McCRARY, 

Secretary  of  War. 

The  use  of  the  Army  in  New  Mexico  was  as  effective  as  could  have 
been  expected.  Located  on  the  edge  of  a  frontier,  where  by  a  few 
miles  dash  a  marauding  party  could  cross  the  border  and  find  itself  in 
Mexico,  safe  from  pursuit,  its  operations  were  necessarily  limited. 
Still,  it  succeeded  almost  immediately  in  securing  the  peace  of  Lincoln 
County.  In  fact,  so  thorough  was  its  work  that  the  Territorial  author 
ities  soon  abandoned  the  preservation  of  order  and  the  maintenance  of 
the  laws  entirely  to  the  Army,  making  little  or  no  effort  to  enforce 
their  own  authority.  So  flagrant  was  this  evasion  of  duty  that  when, 
in  February,  1879,  the  governor  of  the  Territory  complained  because 
the  troops  declined  to  assist  constables  in  making  ordinary  arrests, 
General  Pope  raised  the  point  that  the  troops  in  New  Mexico  under 
the  proclamation  of  the  President  and  the  order  of  October  8,  1878, 
could  only  be  used  to  suppress  insurrections  and  restrain  lawlessness, 
which  were  beyond  the  power  of  the  usual  civil  machinery  to  control ;  to 
expect  them  to  replace  all  civil  posses  and  be  used  simply  on  demand 
of  every  small  civil  functionary  was  not  only  unreasonable,  but  unlaw 
ful.  "Of  course,"  remarked  General  Pope,  "every  constable  or 
sheriff  finds  it  much  easier,  where  he  wishes  to  arrest  an  offender,  to 
call  for  a  military  guard,  and  no  doubt  the  people  who  otherwise  would 
be  obliged  to  serve  as  a  posse  also  find  the  use  of  the  military  very 
convenient,  but  such  acts  are  not  within  the  lawful  province  of  the 
United  States  Army,  and  if  persisted  in  would  soon  lead  to  the  com 
plete  substitution  of  the  military  for  the  civil  posse."  These  views 
S.  Doc.  209 14 


210  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

were  concurred  in  by  Generals  Sheridan  and  Sherman  and  approved 
by  the  Secretary  of  War.  The  following  are  the  remarks  of  the 
Secretary  of  War,  in  his  annual  report  for  1878,  concerning  this 
matter: 

During  the  war  numerous  attacks  have  been  made  upon  the 
S  retarv^War  ma^  coaches  in  New  Mexico  and  Arizona  for  purposes  of  rob 
bery  and  plunder,  and  while  I  have  been  of  the  opinion  that 
the  mails  of  the  United  States  may  be  defended  by  the  use  of  troops,  I  have  been 
obliged  to  give  instructions  that  they  can  not,  without  disregarding  the  act  of  Con 
gress,  be  employed  to  aid  the  officers  of  the  law  in  capturing  the  robbers  after  they 
have  committed  the  crime.  In  doing  so  they  would  act  as  a  posse  comitatus,  and 
this  is  nowhere  by  law  "expressly  authorized."  In  the  new  and  sparsely  populated 
regions  of  the  West,  to  say  to  robbers  and  thieves  that  they  shall  not  be  taken  on 
any  writ  unless  the  sheriff  and  his  local  posse  is  able  to  capture  them  without  aid 
from  the  soldiers  is  almost  to  grant  them  immunity  from  arrest.  In  those  new 
regions  the  Army  is  the  power  chiefly  relied  upon  by  the  law-abiding  people  for 
protection,  and  chiefly  feared  by  the  lawless  classes.  Numerous  instances  might  be 
cited,  but  the  recent  occurrences  in  Lincoln  County,  N.  Mex.,  constitute  a  striking 
example.  The  inability  of  the  officer  in  command  of  the  troops  in  that  vicinity  to  aid 
the  officers  of  the  law  in  making  arrests  was  one  of  the  principal  causes  which  led  to 
the  most  disgraceful  scenes  of  riot  and  murder,  amounting,  in  fact,  to  anarchy.  This 
state  of  things  continued  until  a  case  could  be  made  for  declaring  the  district  in 
insurrection,  after  which  a  proclamation  of  warning  was  issued  by  the  President. 
The  troops  were  called  into  action,  and  at  once  restored  quiet. 

The  condition  of  afl'airs  as  thus  reported  by  Mr.  Secretary  McCrary 
continued  until  February,  1880,  when  General  Pope  submitted  the 
question  that  it  was  time  to  relieve  the  troops  from  all  connection 
with  civil  affairs  in  Lincoln  County,  N.  Mex.  He  added  that  "as 
matters  now  stand,  anyone  who  commits  crime  expects  to  be  shielded, 
from  the  vengeance  of  those  whom  his  crime  has  incensed,  in  the 
asylum  of  a  military  post,  or  the  civil  authorities  expect  their  prison 
ers  to  be  guarded  for  them."  The  Secretary  of  War  accordingly 
addressed  a  communication  to  the  Secretary  of  State  asking  that  the 
proclamation  be  withdrawn,  which  letter  with  its  reply  is  subjoined: 

JANUARY  19,  1880. 

SIR:  Referring  to  the  proclamation  of  the  President  of  October  8,  1878,  declaring 

martial  law  within  the  Territory  of  New  Mexico,  I  have  the  honor 

of  ap^oclamatioii     *°  state  tnat  tne  commanding  general,  Department  of  the  Missouri, 

reports  that  the  garrison  of  Fort  Stanton  is  kept  so  reduced  by  the 

constant  demands  made  upon  it  under  said  proclamation  that  it  is  impracticable 

wholly  to  perform  its  proper  duties  of  protection  against  Indians;   that  the  civil 

affairs  in  the  counties  covered  by  the  proclamation  are  as  much  settled  as  they  will 

ever  be,  and  recommends  that  the  counties  referred  to  be  relegated  to  their  proper 

status  as  civil  communities. 

In  view  of  said  recommendation,  and  of  the  concurrence  therein  of  the  General  of 
the  Army,  I  have  the  honor  to  request  that  the  proclamation  of  the  President,  above 
referred  to,  be  withdrawn. 

\rery  respectfully,  your  obedient  servant,  ALEX.  RAMSEY, 

Secretary  of  War. 
The  honorable  the  SECRETARY  OF  STATE. 


DISORDER    AT    HASTINGS,   NEBR.,   APRIL    11,   1879.  211 

DEPARTMENT  OF  STATE, 
Washington,  February  3,  1880. 
The  Hon.  ALEXANDER  RAMSEY, 

Secretary  of  War. 

SIR:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  19th  ultimo, 
referring  to  the  President's  proclamation  of  the  7th  of  October,  1878,  in  relation  to 
unlawful  assemblages  and  combinations  of  persons  in  arms  then  represented  to  exist 
in  Lincoln  County,  Territory  of  New  Mexico,  and  recommending  that  the  proclama 
tion  in  question  be  withdrawn. 

The  proclamation  referred  to  was  issued,  as  you  will  perceive,  in  accordance  with 
the  authority  vested  in  the  President  by  the  provisions  of  Title  LXXIX  of  the 
Revised  Statutes.  It  is  the  proclamation  of  preliminary  warning  contemplated  by 
section  5300  of  the  Revised  Statutes,  one  of  the  provisions  of  that  title,  and  can  not 
properly  be  considered  a  proclamation  "  declaring  martial  law;"  it  does  not  suspend 
or  authorize  the  suspension  of  the  writ  of  habeas  corpus,  and  it  may  in  the  absence 
of  any  further  Executive  proclamation  be  assumed  to  have  fulfilled  the  purposes  for 
which  it  was  made  at  noon  on  the  13th  day  of  the  same  month,  that  being  the  time 
fixed  by  the  President  within  which  ' '  all  persons  engaged  in  or  connected  with  said 
obstruction  of  the  laws"  were  required  "to  disperse  and  retire  peaceably  to  their 
respective  abodes. ' ' 

In  this  view  of  the  subject  it  is  conceived  the  necessary  orders  to  the  commander 
of  the  military  forces  in  New  Mexico,  which  may  properly  emanate  from  your  Depart 
ment  under  the  direction  of  the  President,  will  be  found  sufficient  to  remedy  the 
military  inconveniences  referred  to  by  the  commanding  general  of  the  Department 
of  the  Missouri,  and  at  the  same  time  to  relegate  the  inhabitants  of  Lincoln  County 
to  their  normal  and  civil  condition. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

WM.  M.  EVARTS. 

On  the  llth  of  April,  1879,  the  commanding  general  of  the  Depart 
ment  of  the  Platte,  at  Omaha,  Nebr.  (General  Crook),  received  a  dis 
patch  from  the  governor  of  the  State  requesting  that  a  company  of 
troops  be  sent  at  once  to  Hastings,  the  county  seat  of  Adams  County, 
to  secure  order.  It  appears  that  a  man  by  the  name  of  Olive  and 
others  were  being  tried  before  the  court  at  that  place  for  murder  com 
mitted  under  most  fiendish  circumstances,  and  that  information  had 
been  received  by  the  governor  that  a  party  of  outlaws  were  about  to 
attempt  their  rescue.  Knowing  the  desperate  character  of  the  Olive 
gang,  and  apprehending  that  if  .not  prevented  in  their  designs  there 
was  danger  of  their  injuring  any  of  the  citizens  who  might  object  to 
their  conduct,  and  perhaps  burn  the  town,  General 

Disorder  ...  -. .  „    .     . 

at  Hastings,  Nebr.,   Crook  lost  no  time  in  sending  a  company  of  infantry 

April  11,  1879.  , ,  , .  .     £  •          ,1 

to  the  scene,  at  the  same  time  informing  the  governor 
that  he  must  obtain  the  necessary  authority  from  the  President,  as 
required  by  the  Constitution  and  laws  for  the  use  of  Federal  troops 
in  the  suppression  of  domestic  violence.  The  governor  accordingly 
telegraphed  as  follows: 

HASTINGS,  NEBR.  ,  April  11,  1879. 
His  Excellency  R.  B.  HAYES, 

President  of  the  United  States,  Washington: 

We  have  no  well-organized  system  of  militia  in  this  State,  and  upon  the  demand 
of  Sheriff  Martin,  of  Adams  County,  I  requested  General  Crook  to  send  a  company 


212  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

of  troops  here  to  preserve  order  during  the  trial  of  Olive  and  others  for  murder, 
which  he  has  done.  Can  the  sheriff  use  these  troops  as  a  posse  comitatus  if 
necessary? 

ALBINUS  NANCE, 

Governor  of  Nebraska. 

To  this  the  Secretary  of  War  replied  on  the  12th: 

The  President  directs  me  to  say  that  an  act  of  Congress  forbids  the  use  of  troops 
as  a  posse  comitatus  in  the  case  you  state.  The  troops  may  be  so  stationed  as  to 
exercise  a  moral  influence,  and  in  case  of  domestic  violence  they  can  be  employed 
to  keep  the  peace  after  a  regular  call  for  aid  upon  the  President. 

G.  W.  MCCRARY, 

Secretary  of  War. 

-  General  Crook's  action  in  sending  the  troops  without  the  sanction  of 
the  President  was  based  upon  his  knowledge  of  the  desperate  charac 
ter  of  the  individuals  referred  to,  and  his  belief  that  they  would  carry 
out  their  determination  to  rescue  Olive  at  any  cost;  but  as  soon  as 
advised  that  the  President  had  declined  to  grant  the  governor's  request 
the  troops  were  at  once  withdrawn  and  returned  to  their  station. 
(2165  A.  G.  O.,  1879.) 

The  issuing  of  a  proclamation  in  May,  1882,  calling  upon  all  disturb 
ers  of  the  peace  within  the  Territory  of  Arizona  to  disperse  and  retire 
peaceably  to  their  respective  abodes,  was  occasioned  by  the  unusual 
record  of  crime  that  that  section  had  been  making  during  the  preceding 
few  months.  Under  date  of  the  28th  of  April  the  House  of  Kepresent- 
atives  had  by  resolution  called  upon  the  Secretary  of  War  for  informa 
tion.  This  resolution  had  recited:  "  That  whereas,  a  hostile  outbreak 

has  occurred  in  the  Territory  of  Arizona  within  the 
outrages  in  Arizona,  past  f  ew  weeks,  and  the  citizens  of  that  Territory  are 

being  day  by  day  ruthlessly  murdered  by  the  Apache 
Indians,  against  whose  attacks  the  people  seem  to  have  no  adequate 
protection,  the  Secretary  of  War  be  requested  to  inform  the  House  as 
to  the  number  of  troops  in  the  Territory;  whether  they  are  sufficient 
to  guarantee  full  protection  to  the  people,  and  whether  any  legislation 
is  necessary  b}7  Congress  for  the  prompt  and  efficient  security  of  the 
people  against  the  destruction  of  life  and  property  by  hostile  Indians." 
To  this  the  Secretary  of  War  replied  that  it  would  be  difficult  to  employ 
in  Arizona  more  troops  than  would  be  there  after  the  reenforcements 
already  ordered  there  had  arrived,  and  that  the  only  legislation  neces 
sary  to  a  prompt  and  efficient  security  of  the  people  of  Arizona  was  an 
increase  of  the  strength  of  the  Army.  On  the  same  date  the  Secre 
tary  of  the  Interior  received  a  dispatch  from  the  mayor  and  other  citi 
zens  of  Tombstone  to  the  effect  that  the  Indians  were  on  the  warpath; 
that  80  people  had  been  killed,  and  that  the  military  were  not  suffi 
cient.  On  the  1st  of  May  the  governor  of  Arizona  reported  that  a 
great  demand  existed  to  have  a  force  of  militia  put  into  the  field,  but 
having  no  funds  at  his  disposal  for  that  purpose,  he  was  unwilling  to 
incur  the  resultant  debt.  He  proposed  to  arm  a  number  of  men  as 


INDIAN    OUTRAGES    IN    ARIZONA,  1882.  213 

deputy  sheriffs  and  send  them  in  pursuit  of  Indians  charged  with  mur 
der,  on  warrants  to  be  issued  by  the  Territorial  courts.  The  depart 
ment  commander  (General  Willcox)  doubted  the  wisdom  of  this  course, 
inasmuch  as  the  citizen  bodies  would  be  likely  to  attack  reservation 
Indians,  in  which  event  it  would  become  the  duty  of  the  military  com 
mander  to  resist  them  on  the  demand  of  the  Indian  agent.  A  company 
of  citizens  was,  however,  at  the  moment  being  organized  for  the  pur 
pose  indicated  by  the  governor,  and  to  avoid  any  possible  conflict  it 
was  determined  that  an  Executive  proclamation  as  provided  by  the 
statute  was  expedient.  Accordingly,  the  same  appeared  under  date  of 
May  3,  as  follows: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  ov  AMERICA. 
A  PROCLAMATION. 

Whereas,  it  is  provided  in  the  laws  of  the  United  States  that ' '  whenever,  by  reason 
of  unlawful  obstructions,  combinations,  or  assemblages  of  persons,  or  rebellion  against 
the  authority  of  the  Government  of  the  United  States,  it  shall  become  impracticable, 
in  the  judgment  of  the  President,  to  enforce  by  the  ordinary  course  of  judicial  pro 
ceedings  the  laws  of  the  United  States  within  any  State  or  Territory,  it  shall  be  law 
ful  for  the  President  to  call  forth  the  militia  of  any  or  all  the  States,  and  to  employ 
such  parts  of  the  land  and  naval  forces  of  the  United  States  as  he  may  deem  neces 
sary  to  enforce  the  faithful  execution  of  the  laws  of  the  United  States,  or  to  suppress 
such  rebellion,  in  whatever  State  or  Territory  thereof  the  laws  of  the  United  States 
may  be  forcibly  opposed  or  the  execution  thereof  forcibly  obstructed;" 

And  whereas,  it  has  been  made  to  appear  satisfactorily  to  me  by  information 
received  from  the  governor  of  the  Territory  of  Arizona  and  from  the  General  of  the 
Army  of  the  United  States,  and  other  reliable  sources,  that  in  consequence  of  unlaw 
ful  combinations  of  evil-disposed  persons  who  are  banded  together  to  oppose  and 
obstruct  the  execution  of  the  laws,  it  has  become  impracticable  to  enforce  by  the 
ordinary  course  of  judicial  proceedings  the  laws  of  the  United  States  within  that 
Territory,  and  that  the  laws  of  the  United  States  have  been  therein  forcibly  opposed 
and  the  execution  thereof  forcibly  resisted; 

And  whereas,  the  laws  of  the  United  States  require  that  whenever  it  may  be  neces 
sary  in  the  judgment  of  the  President  to  use  the  military  forces  for  the  purpose  of 
enforcing  the  faithful  execution  of  the  laws  of  the  United  States,  he  shall  forthwith, 
by  proclamation,  command  such  insurgents  to  disperse  and  retire  peaceably  to  their 
respective  abodes  within  a  limited  time: 

Now,  therefore,  I,  Chester  A.  Arthur,  President  of  the  United  States,  do  hereby 
admonish  all  good  citizens  of  the  United  States,  and  especially  of  the  Territory  of 
Arizona,  against  aiding,  countenancing,  abetting,  or  taking  part  in  any  such  unlawful 
proceedings,  and  I  do  hereby  warn  all  persons  engaged  in  or  connected  with  said 
obstruction  of  the  laws  to  disperse  and  retire  peaceably  to  their  respective  abodes  on 
or  before  noon  of  the  15th  day  of  May. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  United 
States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  3d  day  of  May,  in  the  year  of  our  Lord 
eighteen  hundred  and  eighty-two,  and  of  the  Independence  of  the  United  States  the 
one  hundred  and  sixth. 

[SEAL.]  CHESTER  A.  ARTHUR. 

By  the  President: 

FREDK.  T.  FRELINGHUYSEN, 

Secretary  of  State. 


214  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

These  outrages  were  largely  attributed  to  Loco's  band  of  Warm 
Spring  Apaches,  who  had  broke  out  on  the  19th  and  been  joined  a  few 
days  later  by  wandering  lodges  of  Chiricahuas;  but  before  the  procla 
mation  was  issued  they  had  been  struck  by  Lieutenant-Colonel  For- 
sythe  with  four  troops  of  the  Fourth  Cavalry  at  Horseshoe  Canon,  and 
later  by  Major  Tupper  with  two  troops  of  the  Sixth  in  the  Hatchet 
Mountains  and  driven  into  Mexico,  where  they  were  caught  by  Lieu 
tenant-Colonel  Garcia  with  a  strong  force  of  Mexican  troops,  and  so 
soundly  thrashed  that  for  the  succeeding  few  months  there  was  com 
parative  peace  in  the  Territory. 

The  execution  within  the  Territory  of  Utah  of  the  act  of  Congress 
known  as  the  "Edmunds  law,"  for  the  suppression  of  polygamy,  in  the 
face  of  the  opposition  of  the  local,  civil,  and  ecclesiastical  authorities, 
was  attended  by  scenes  of  great  disorder.  On  the  ttth  of  July,  1885, 
the  United  States  flag  on  the  court-house,  city  hall,  and  all  buildings 
owned  or  controlled  by  the  Mormons  was  placed  at  half-mast  as  a  sign 
of  contempt  of  and  toward  the  Federal  Government,  and  an  attempt  of 
several  ex-Union  and  ex-Confederate  soldiers  to  replace  it  in  a  proper 
position  was  the  occasion  for  serious  disturbances,  and  an  outbreak  at 
that  time  was  hardly  avoided.  Judges  and  other  Federal  officers  were 
assaulted,  their  homes  assailed  under  cover  of  darkness,  and  other  out 
rages  perpetrated,  with  no  effort  on  the  part  of  the 

at  salt  Lake  city,  civil  authorities  to  arrest  or  punish  the  offenders. 
There  was  no  organized  militia  in  the  Territory,  and 
territorial  laws  prohibited  the  governor  from  protecting  life  or  prop 
erty.  On  the  16th  of  July  Governor  Murray  telegraphed  the  Presi 
dent  that  events  likely  to  occur  in  the  immediate  future  suggested  the 
necessity  of  measures  looking  to  the  preservation  of  life  and  property. 
To  this  the  President  replied  that  no  condition  had  so  far  arisen 
demanding  the  use  of  the  troops,  but  that  the  War  Department  would 
watch  events  and  be  prepared  to  act  when  occasion  required.  As 
arrests  and  convictions  under  the  Edmunds  law  progressed,  the  situa 
tion  at  Salt  Lake  City  grew  so  threatening  that  General  McCook,  then 
commanding  at  Fort  Douglas,  asked  for  authority  to  station  a  company 
of  troops  in  the  city  to  form  a  rallying  point  for  citizens  when  their 
lives  might  be  endangered  by  mob  violence.  This  was  agreed  to,  and  in 
addition  a  battery  of  light  ar tillery  was  ordered  to  that  point  from 
Omaha  early  in  December,  and  the  presence  of  these  troops  contrib 
uted  in  the  fullest  measure  to  the  subsequent  execution  of  the  laws  in 
that  Territory  during  the  winter  of  1885-86.  (3913  A.  G.  O.,  1885.) 

On  the  16th  of  February,  1886,  at  the  request  of  the  governor  and 
the  United  States  marshal,  General  McCook  sent  a  detachment  of 
troops  to  Promontory,  Utah,  as  a  guard  to  secure  the  safe  delivery  to 
the  United  States  district  court  at  Salt  Lake  City  of  George  Q.  Can 
non,  the  first  president  of  the  Mormon  Church.  This  action  was  the 
occasion  for  much  controversy,  in  which  the  military  authorities  held 


MASSACRE  OF  CHINESE  AT  ROCK  SPRINGS,  WYO. ,  SEPT.  2,  1885.      215 

that  under  the  law  and  regulations  a  commanding  officer  must  act  upon 
his  best  judgment,  leaving  it  to  the  President  to  decide  whether  or  not 
his  course  was  justifiable.  (3913  A.  G.  O.,  1885.) 

It  is  difficult  to  arrive  at  the  exact  truth  concerning  the  causes 
which  combined  to  bring  about  the  attack  on  the  Chinese  miners  at 
Rock  Springs,  Wyo.,  on  the  2d  of  September,  1885.  The  Union 
Pacific  Railway  Company,  in  a  pamphlet  setting  forth  their  position 
in  the  matter  (Rand,  Avery  &  Co.,  Boston,  1886),  have,  by  means  of 
numerous  citations  from  the  local  journals,  very  fairly  presented  both 
sides  of  the  case;  yet,  with  these  at  hand,  opinions  will  naturally 
depend  upon  the  point  of  view.  Divested  of  all  discrepancies  and 
contradictions,  a  plain  narrative  of  events  is  as  follows: 

Rock  Springs,  a  small  mining  town  of  about  1,000  inhabitants,  is  a 
station  on  the  Union  Pacific  Railroad,  314  miles  from  Cheyenne,  and 
about  midway  between  Rawlins  and  Evanston,  and  is  one  of  several 
points  along  their  line  where  the  Union  Pacific  own  and  operate  mines 
for  the  purpose  of  supplying  coal  for  the  use  of  the  road.  The  com 
pany  employed  on  the  2d  of  September,  1885,  about  500  miners,  of  whom 
150  were  white  and  330  Chinese,  and  there  were  in  the  town  perhaps 
100  idle  white  miners.  On  that  date  the  white  miners,  aided  by  the 
loafers  about  town,  all  fully  armed,  suddenly  attacked  the  unarmed 
Chinese  both  in  and  outside  the  mines,  killing  all  who  resisted,  driving 
the  others  into  the  mountains,  and  burning  and  plundering  their  dwel 
lings.  About  25  to  30  Chinese  were  killed,  every 
ofcSSSSfat  Chinese  house  in  the  town  was  burned,  and  of  those 
Rs°e?teSSrg2S;S8?:'  who  had  fled  to  the  hills  some  50  perished  from 
wounds,  starvation,  and  exposure.  The  remainder 
were  gathered  up  by  the  railway  company  and  taken  to  Evanston. 
Immediately  on  receipt  of  the  intelligence,  the  governor  of  Wyoming, 
then  at  Cheyenne,  telegraphed  the  Secretary  of  War  that  the  county 
authorities  were  powerless;  that  the  Territory  had  no  militia,  and 
that  he  had  applied  to  General  Howard,  at  Omaha,  for  military  aid. 
On  the  3d  he  made  a  similar  appeal  to  the  President,  adding  that  he 
believed  immediate  assistance  imperative  to  preserve  life  and  prop 
erty.  On  receipt  of  this  he  was  advised  by  telegraph  that  before 
action  could  be  had  in  the  matter  he  must  first  make  personal  applica 
tion  to  the  President  in  the  manner  indicated  by  the  Constitution  and 
statutes,  but  that  in  the  meantime,  in  order  that  the  public  interests 
might  not  suffer,  the  Secretary  of  War  had  ordered  two  companies  to 
Rock  Springs  to  prevent  any  interruption  to  the  United  States  mails  or 
the  routes  over  which  they  were  carried.  In  response  to  this,  Governor 
Warren  telegraphed  as  follows  on  the  morning  of  the  5th: 

EVANSTON,  WYO.,  Septembers,  1885. 
The  PRESIDENT, 

Washington,  D.  C.: 

Unlawful  combinations  and  conspiracies  exist  among  coal  miners  and  others  in 
Uinta  and  Sweetwater  counties,  this  Territory,  which  prevent  individuals  and  cor- 


216  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

porations  from  enjoyment  and  protection  of  their  property  and  obstruct  execution 
of  the  laws;  open  insurrection  at  Rock  Springs,  property  burned,  16  dead  bodies  found, 
probably  over  50  more  buried  under  ruins;  700  Chinamen  driven  from  town  have 
taken  refuge  at  Evanston  and  are  ordered  to  leave  here.  Sheriffs  powerless  to  make 
necessary  arrests  and  protect  life  and  property  unless  supported  by  organized  bodies 
of  armed  men.  Wyoming  has  no  Territorial  militia,  therefore  I  respectfully  and 
earnestly  request  the  aid  of  United  States  troops,  not  only  to  protect  mail  and  mail 
routes,  but  that  they  may  be  instructed  to  support  civil  authorities  until  order  is 
restored,  criminals  arrested,  and  the  suffering  relieved. 

FRANCIS  E.  WARREN, 

Governw. 

ROCK  SPRINGS,  WYO.,  September  6,  1885. 
The  PRESIDENT, 

Washington,  D.  C.: 

Referring  to  my  dispatch  of  yesterday,  asking  for  United  States  troops  in  support 
of  civil  authority  while  subduing  insurrection,  I  beg  to  add  that  the  legislature  of 
Wyoming  is  not  in  session  and  can  not  be  convened  in  season  to  provide  for  emer 
gency.  Chinamen  prevented  from  returning  to  their  homes  at  Rock  Springs,  and  are 
ordered  to  leave  Evanston  by  unauthorized  parties. 

FRANCIS  E.  WARREN, 

Governor. 

In  accordance  with  the  orders  of  the  3d,  two  companies  of  the 
Seventh  Infantry  from  Fort  Fred  Steele,  under  Lieutenant-Colonel 
Chipman,  were  sent  to  Rock  Springs,  and  one  company  of  the  Four 
teenth  from  Fort  D.  A.  Russell,  under  Lieutenant-Colonel  Anderson, 
to  Evanston.  It  was  decided  by  Major-General  Schofield,  then  com 
manding*  the  Division  of  the  Missouri,  within  whose  command  the 
Territory  of  Wyoming  was  situated,  that  the  Union  Pacific  was  estab 
lished  under  an  act  of  Congress  as  a  military  road  and  mail  route,  and 
being  indispensable  to  the  military  service,  should  be  placed  under 
the  protection  of  United  States  troops;  and  he  proposed  that  this  pro 
tection  should  be  extended  to  the  property  and  employees  of  the  com 
pany,  including  those  engaged  in  providing  the  necessary  fuel  for  the 
service  of  the  road.  But  the  exercise  of  this  latter  discretion  was 
rendered  unnecessary,  inasmuch  as  by  our  treaty  with  China,  the 
United  States  was  under  obligations  to  exert  all  its  power  to  devise 
measures  for  the  protection  of  any  Chinese  residing  in  its  territory 
who  shall  meet  with  ill  treatment  at  the  hands  of  any  other  persons, 
and  to  secure  to  them  all  rights,  privileges,  immunities,  and  exemp 
tions  as  may  be  enjoyed  by  the  citizens  of  the  most  favored  nation. 
(Article  III,  treaty  proclaimed  October  5,  1881.)  During  the  5th  and 
6th  of  September  the  excitement  against  the  Chinese  continued.  All 
work  had  ceased  in  the  mines  at  Rock  Springs  and  at  Almy  (near 
Evanston),  and  the  Chinese,  still  hiding  in  the  hills,  were  warned  by 
the  mob  not  to  return  to  either  place  on  penalty  of  being  tired  upon. 
On  the  7th,  Governor  Warren  again  telegraphed  for  aid,  as  follows: 


MASSACRE  OF  CHINESE  AT  ROCK  SPRINGS,  WYO. ,   SEPT.  2,  1885.     217 

EVANSTON,  WYO.,  September  7,  1885. 
The  PRESIDENT, 

Washington,  D.  C.: 

Referring  to  my  several  late  telegrams,  I  respectfully  submit  that  the  unlawful 
organized  mobs  in  possession  of  coal  mines  at  Almy,  near  here,  will  not  permit 
Chinamen  to  approach  their  own  homes,  property,  or  employment.  From  the 
nature  of  outbreak  sheriff  of  county  can  not  rally  sufficient  posse  and  Territorial  gov 
ernment  can  not  sufficiently  aid  him.  Insurrectionists  know  through  newspapers  and 
dispatches  that  troops  will  not  interfere  under  present  orders,  and  moral  effect  of 
presence  of  troops  is  destroyed.  If  troops  were  known  to  have  orders  to  assist  sheriff 
posse  in  case  driven  back,  I  am  quite  sure  civil  authorities  could  restore  order  with 
out  actual  use  of  soldiers;  but  unless  United  States  Government  can  find  way  to 
relieve  us  immediately,  believe  worse  scenes  than  those  at  Rock  Springs  will  follow 
and  all  Chinamen  driven  from  the  Territory.  I  beg  an  early  reply  and  information 
regarding  the  attitude  of  the  United  States  Government. 

FRANCIS  E.  WARREN, 

Governor. 

On  the  afternoon  of  the  7th  General  Schofield  was  advised  that  in 
view  of  the  treaty  stipulation  and  of  the  representation  of  the  gov 
ernor  of  Wyoming  that  the  civil  powers  of  that  Territory  were  unable 
to  protect  lives  and  property  and  preserve  the  peace  in  certain  locali 
ties,  the  President  directed  that  a  suitable  military  force  be  sent  to  the 
points  where  violence  existed  or  was  threatened ;  that  if  necessity  actu 
ally  existed  for  the  employment  of  that  force  in  protecting  life  and  prop 
erty  and  aiding  the  civil  authorities  in  preserving  the  peace  and  in  the 
arrest  of  those  committing  offenses  against  the  laws,  he  was  author 
ized  to  so  use  it,  but  that  care  should  be  taken  that  the  military  force  was 
not  needlessly  employed.165  On  the  8th,  the  railroad  company  having 
decided  to  take  the  Chinese  back  to  Rock  Springs  and  reopen  the 
mines,  both  at  that  point  and  at  Almy,  six  companies  of  the  Ninth 
Infantry,  then  in  camp  not  far  from  Salt  Lake  City,  Utah,  were 
ordered  to  Evanston,  and  on  the  9th  four  of  those  companies  under 
the  command  of  Captain  Morton,  of  that  regiment,  acted  as  an  escort 
to  a  force  of  some  700  Chinese  laborers  and  miners  to  Rock  Springs, 
where  they  arrived  on  the  afternoon  of  that  date  without  incident. 
The  governor  promptly  telegraphed  his  thanks167  for  the  prompt  assist 
ance  rendered,  and  the  following  day,  all  fears  of  further  disturbance 
being  allayed,  all  of  the  troops,  except  two  companies  at  Rock 
Springs  and  one  at  Evanston,  were  withdrawn  and  returned  to  their 
stations. 

Although  the  prospect  of  any  outbreak  against  the  Chinese  in  the 
presence  of  troops  had  diminished  along  the  line  of  the  Union  Pacific, 
the  anti-Chinese  feeling  among  the  mining  population  had  by  no  means 
subsided.  The  Chinese  consuls  at  San  Francisco  and  New  York,  under 
the  escort  of  General  McCook,  visited  the  scene  of  the  troubles  in  the 
latter  part  of  the  month  and  made  careful  investigations.  On  the  1st 
of  October  the  miners  at  Carbon,  Wyo.,  ceased  work  "until  every 


218  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Chinaman  along  the  Union  Pacific  road  is  discharged,"  and  to  avoid 
trouble  those  mines  were  closed.  A  day  or  two  later  a  similar  strike 
occurred  at  Louisville,  Colo.,  attended  by  the  same  result.  During 
the  month  of  October  the  anti-Chinese  feeling  had  reached  Washing 
ton  and  Oregon  and  found  sufficient  expression  for  a  time  in  the  driv 
ing  out  of  individual  Chinese  from  the  smaller  towns.  But  about  the 
beginning  of  November  the  immunity  from  punishment  appears  to 
have  so  far  encouraged  the  perpetrators  of  these  outrages  as  to  impel 
them  to  renewed  efforts.  On  the  2d  of  that  month  an  attempt  of  the 
municipal  authorities  at  Tacoma  to  protect  Chinese  residents  led  to  a 
Riots  disgraceful  riot,  and  to  a  proclamation  by  the  gov- 

at|eeptemi)S?h"  ernor  of  the  Territory,  in  which,  after  reciting  the  sit 
uation  and  announcing  that  the  United  States  was  under 
treaty  obligations  to  protect  these  people,  he  trusted  that  the  citizens 
of  the  Territory  would  not  permit  its  good  name  to  be  disgraced  by 
the  necessity  of  interposition  by  Federal  troops.170  This,  however, 
proved  unavailing,  and,  on  the  appearance  of  signs  of  similar  demon 
strations  at  Seattle,  the  governor,  on  the  7th,  telegraphed  the  situation 
to  the  President  and  begged  for  assistance.  In  response  to  this,  ten 
companies  of  the  Fourteenth  Infantry  stationed  at  Vancouver  Barracks 
were  ordered  to  Seattle,  arriving  on  the  morning  of  the  8th,  but  the 
announcement  of  their  coming  seems  to  have  been  sufficient  to  restrain 
the  unruly  disturbers  of  the  peace  from  carrying  out  their  plans. 
Everything  was  quiet  in  the  town,  and  the  next  day  four  companies 
left  for  Tacoma,  where  they  received  a  number  of  prisoners  from  the 
United  States  marshal  and  conducted  them  to  Vancouver,  where  they 
wrere  turned  over  to  the  court.  At  the  same  time  the  troops  were 
ordered  to  Seattle,  the  following  proclamation  was  telegraphed  to  all 
points  in  the  disturbed  territory: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  it  is  represented  to  me  by  the  governor  of  the  Territory  of  Washington 
that  domestic  violence  exists  within  the  said  Territory,  and  that  by  reason  of  unlaw 
ful  obstructions  and  combinations  and  the  assemblage  of  evil-disposed  persons  it  has 
become  impracticable  to  enforce  by  the  ordinary  course  of  judicial  proceedings  the 
laws  of  the  United  States  at  Seattle,  and  at  other  points  and  places  within  said  Ter 
ritory,  whereby  life  and  property  are  there  threatened  and  endangered; 

And  whereas,  the  legislature  of  said  Territory  can  not  be  convened,  and  in  the 
judgment  of  the  President  an  emergency  has  arisen  and  a  case  is  now  presented 
which  justifies  and  requires,  under  the  Constitution  and  laws  of  the  United  States, 
the  employment  of  military  force  to  suppress  domestic  violence  and  enforce  the 
faithful  execution  of  the  laws  of  the  United  States,  if  the  command  and  warning  of 
this  proclamation  be  disobeyed  and  disregarded: 

Now,  therefore,  I,  Grover  Cleveland,  President  of  the  United  States  of  America, 
do  hereby  command  and  warn  all  insurgents  and  all  persons  who  have  assembled  at 
any  point  within  the  said  Territory  of  Washington  for  the  unlawful  purposes  afore- 


K10TS    AT    SEATTLE,   WASH.,  1885-1886.  219 

said  to  desist  therefrom,  and  to  disperse  and  retire  peaceably  to  their  respective 
abodes  on  or  before  12  o'clock  meridian  on  the  8th  day  of  November  instant. 

And  I  do  admonish  all  good  citizens  of  the  United  States  and  all  persons  within 
the  limits  and  jurisdiction  thereof  against  aiding,  abetting,  countenancing,  or  taking 
any  part  in  such  unlawful  acts  or  assemblages. 

In  witness  whereof,  I  have  set  my  hand  and  caused  the  seal  of  the  United  States 
to  be  hereunto  affixed. 

Done  at  the  city  of  Washington,  this  7th  day  of  November,  in  the  year  of  our  Lord 
eighteen  hundred  and  eighty-five,  and  of  the  Independence  of  the  United  States  the 
one  hundred  and  tenth. 

[SEAL.]  GROVER  CLEVELAND. 

By  the  President: 
T.  F.  BAYARD, 

Secretary  of  State. 

There  being  no  disturbances  at  Seattle,  and  all  signs  of  the  threat 
ened  trouble  having  disappeared,  the  six  companies  were  withdrawn 
from  that  point  on  the  7th  and  returned  to  their  station,  having  been 
absent  ten  days,  during  which  no  action  of  any  kind  was  called  for  on 
their  part. 

On  Sunday,  the  7th  of  February,  1886,  the  disturbances  on  account 
of  the  Chinese  suddenly  broke  out  again  at  Seattle.  By  daylight 
every  Chinaman  in  town  had  been  called  on  by  committees  of  five  or 
six  men  and  ordered  to  pack  up  and  be  ready  to  leave  by  a  steamer  to 
sail  at  1  o'clock.  Later  in  the  morning  wagons  were  sent  around  to 
collect  their  baggage,  and  when  they  refused  to  deliver  it  their  houses 
were  summarily  entered  and  their  belongings  thrown  on  the  wagons. 
The  sheriff  having  been  appealed  to,  directed  the  police  to  maintain 
the  law,  but  they  declined  to  interfere  with  the  removal  of  the  Chi 
nese.  About  half  past  10  the  bells  were  rung  and  all  the  population 
crowded  into  the  streets,  but  the  city  was  already  in  the  hands  of  the 
mob.  The  governor  of  the  Territory  chanced  to  be  in  Seattle,  and, 
warned  by  his  experiences  of  the  former  riots,  lost  no  time  in  tele 
graphing  to  the  authorities  at  Washington.  His  dispatch  addressed 
to  the  Secretary  of  War,  the  Secretary  of  the  Interior,  and  to  General 
Gibbon,  the  military  commander  of  the  department,  was  as  follows: 

SEATTLE,  February  7,  1886. 

Immense  mob  forcing  Chinese  to  leave  Seattle;  civil  authorities  arriving  posse 
comitatus  to  protect  them;  serious  conflict  probable.  I  respectfully  request  that 
United  States  troops  be  immediately  sent  to  Seattle.  Troops  at  Fort  Townsend  can 
arrive  soonest  and  probably  will  be  sufficient.  Have  issued  proclamation. 

WATSON  C.  SQUIRE, 

Governor. 

At  noon  United  States  deputy  marshals  read  aloud  at  street  corners 
and  other  public  places  the  governor's  proclamation.  This  recited 
that  inasmuch  as  the  mayor  of  the  city  had  reported  himself  unable  to 
preserve  order  or  keep  the  peace  against  a  mob  unlawfully  gathered, 
all  persons  were  warned  to  desist  from  breaches  of  the  peace  and 


220  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

directed  to  return  to  their  homes.173     The  military  companies  of  the 

city  were  ordered  to  report  themselves  under  arms  to  the  sheriff  of 

the  county,  and  all  persons  disposed  to  assist  in  maintaining  order  to 

enroll  themselves  immediately.     The  proclamation  was  received  with 

derision  and  the  officers  of  the  law  hooted  and  jeered 

at  Seattle,  Wash.,  at.     Just  before  the  hour  for  the  vessel  to  sail  a  writ 

February  7,  1886.  ,  111  xi 

or  habeas  corpus  had  been  served  upon  the  captain, 
which  prevented  further  proceedings  until  Monday.  Up  to  midnight, 
however,  the  mob  had  full  control  of  the  city.  The  troops  at  Van 
couver  Barracks  were  at  once  put  in  readiness  to  move,  but  the  gov 
ernor  was  advised  that  they  could  not  move  except  on  the  order  of  the 
President. 

On  Monday,  the  8th,  the  disorders  were  renewed.  The  Chinese, 
now  thoroughly  frightened,  expressed  a  willingness  to  go,  and  about 
200  of  them  were  put  on  board  the  steamer,  their  passage  paid  to 
California,  and  the  steamer  departed.  The  mob  then  attacked  those 
Chinamen  who  remained.  The  police  and  militia  endeavored  to  pro 
tect  them;  a  conflict  ensued,  shots  were  fired,  and  several  wounded. 
At  about  1  o'clock  the  governor,  on  the  advice  of  the  chief  justice, 
declared  martial  law.  Both  of  these  officials  urged  the  sending  of 
United  States  troops.  During  the  day  the  following  dispatch  was 
sent: 

WAR  DEPARTMENT, 
Washington,  February  8,  1886. 
Hon.  W.  C.  SQUIRE, 

Governor  of  Washington  Territory: 

Telegram  received.    Troops  can  not  be  sent  except  upon  last  emergency.    It  would 
seem  that  with  the  force  you  have  order  can  and  should  be  maintained.     Is  the  legis 
lature  in  session?    Keep  me  advised  of  the  situation. 
By  order  of  the  President: 

W.  C.  ENDICOTT, 
Secretary  of  War. 

The  governor  claims  that  this  dispatch  never  reached  him.  It  may 
have  been  sent  to  the  State  capital,  or  elsewhere;  the  records  fail  to 
afford  any  explanation.  The  governor's  proclamation — reproduced 
elsewhere  in  full m — was  followed  by  the  most  effective  military  meas 
ures.  No  citizen  was  permitted  in  the  streets  after  dark  without  a 
pass;  orders  were  rigidly  enforced;  volunteers  were  called  for;  cadets 
from  the  State  University  enrolled  and  sworn  into  the  service.  On 
Tuesday,  the  9th,  more  urgent  dispatches  were  received  at  the  War 
Department,  so  that  orders  were  sent  to  General  Gibbon  to  "proceed 
in  person  at  once  to  Seattle  with  such  troops  as  may  be  necessary  to 
suppress  domestic  violence  and  aid  the  civil  authorities  in  overcoming 
obstructions  to  the  enforcement  of  the  laws."  At  the  same  time  the 
President  issued  the  following  proclamation: 


KIOTS   AT   SEATTLE,  WASH.,  1885-1886.  221 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PKOCLAMATION. 

Whereas,  it  is  represented  to  me  by  the  governor  of  the  Territory  of  Washington 
that  domestic  violence  exists  within  the  said  Territory,  and  that  by  reason  of  unlaw 
ful  obstructions  and  combinations  and  the  assemblage  of  evil-disposed  persons  it  has 
become  impracticable  to  enforce  by  the  ordinary  course  of  judicial  proceedings  the 
laws  of  the  United  States  at  Seattle,  and  at  other  points  and  places  within  said  Terri 
tory,  whereby  life  and  property  are  there  threatened  and  endangered; 

And  whereas,  in  the  judgment  of  the  President,  an  emergency  has  arisen  and  a  case 
is  now  presented  which  justifies  and  requires  under  the  Constitution  and  laws  of  the 
United  States  the  employment  of  military  force  to  suppress  domestic  violence  and 
enforce  the  faithful  execution  of  the  laws  of  the  United  States,  if  the  command  and 
warning  of  this  Proclamation  be  disobeyed  and  disregarded: 

Now,  therefore,  I,  Grover  Cleveland,  President  of  the  United  States  of  America, 
do  hereby  command  and  warn  all  insurgents  and  all  persons  who  have  assembled  at 
any  point  within  the  said  Territory  of  Washington  for  the  unlawful  purposes  afore 
said  to  desist  therefrom,  and  to  disperse  and  retire  peaceably  to  their  respective  abodes 
on  or  before  6  o'clock  in  the  afternoon  of  the  10th  day  of  February  instant. 

And  I  do  admonish  all  good  citizens  of  the  United  States  and  all  persons  within 
the  limits  and  jurisdiction  thereof  against  aiding,  abetting,  countenancing,  or  taking 
any  part  in  such  unlawful  acts  or  assemblages. 

In  witness  whereof,  I  have  set  my  hand  and  caused  the  seal  of  the  United  States 
to  be  hereunto  affixed. 

Done  at  the  city  of  Washington,  this  9th  day  of  February,  in  the  year  of  our  Lord 
eighteen  hundred  and  eighty-six,  and  of  the  Independence  of  the  United  States  the 
one  hundred  and  tenth. 

[SEAL.]  GROVER  CLEVELAND. 

By  the  President: 
T.  F.  BAYARD, 

Secretary  of  Slate. 

General  Gibbon  found  everything  quiet  at  Seattle  on  his  arrival  on 
the  10th.  The  city  was  in  possession  of  the  militia  organizations  with 
a  provost  marshal  in  charge.  The  governor  at  once  transferred  the 
military  control  to  General  Gibbon;  the  city  was  placarded  with  the 
President's  proclamation;  business  houses  and  saloons  were  closed  at 
an  early  hour  every  day,  and  patrols  of  regular  troops,  having  relieved 
the  militia  organizations,  were  constantly  on  the  streets.  A  number 
of  the  leaders  and  inciters  of  the  outrages  were  arrested  by  the  provost- 
marshal  and  his  civilian  assistants  and  placed  under  guard,  and  later 
were  turned  over  to  the  United  States  marshal.  From  day  to  day  the 
stringency  of  martial  law  was  relaxed;  stores  and  saloons  were  allowed 
to  reopen,  the  guards  were  gradually  withdrawn  and  business  resumed, 
so  that  on  the  22d,  on  the  recommendation  of  General  Gibbon,  the  gov 
ernor  issued  a  proclamation  declaring  martial  law  removed  and  the 
civil  authorities  resumed  control  of  the  city.  On  the  25th  four  com 
panies  returned  to  Vancouver  Barracks;  two  remained  until  the  2d  of 
April,  and  two  upon  the  request  of  the  governor  until  August  19.  At 
no  time  was  there  any  resistance  to  the  Federal  troops  on  the  part  of 


222  FEDERAL    AID   IN   DOMESTIC   DISTURBANCES. 

the  disturbers  of  the  peace,  nor  were  they  ever  called  upon  for  active 
service. 

The  ill  feeling  against  the  Chinese  was  not  restricted  to  the  States 
above  mentioned,  although  in  these  alone  was  any  action  had  by  the 
Federal  authorities.  In  Colorado,  Utah,  Arizona,  and  New  Mexico 
there  was  much  excitement  and  fears  were  apprehended  that  violence 
would  result.  In  January,  1886,  the  governor  of  New  Mexico,  Hon. 
Edmunds  Ross,  advised  the  President  that  at  two 

Disturbances  .          •        i         m        . 

in  New  Mexico,  points  in  that  lerritory,  Silver  City  and  Raton,  there 
was  a  high  condition  of  public  excitement  against 
Chinese  residents;  that  at  the  latter  place  several  hundred  coal  miners 
and  others  had  united  and  there  was  imminent  danger  of  an  outbreak.177 
To  prevent  bloodshed  he  thought  he  should  have  authority  to  call  on 
the  troops  if  necessary,  and  had  accordingly  telegraphed  for  such 
authority.  To  this  the  Secretary  of  War  replied  by  direction  of  the 
President  calling  attention  to  the  Revised  Statutes  (5297-5300)  which 
prescribe  the  circumstances  and  manner  b}^  which  troops  may  be  used 
for  suppressing  domestic  violence,  stating  that  the  President  can  not 
order  out  troops  except  in  accordance  with  these  provisions  and  section 
4  of  Article  IV  of  the  Constitution.178  No  occasion  presented  itself 
however  for  the  use  of  troops  and  no  further  call  was  made. 

The  summer  of  1892  was  marked  by  serious  disturbances  in  several 
of  the  States,  growing  out  of  differences  between  employers  and  their 
workmen.  These  were  first  a '  disturbance  caused  by  the  strike  of 
dissatisfied  ironworkers  in  the  rolling  mills  at  Homestead,  Pa. ;  second, 
a  strike  of  railroad  men  at  Buffalo,  N.  Y. ;  and  third,  an  uprising  of 
miners  and  others  at  Coal  Creek,  Tenn.,  against  the  leasing  out  by  the 
State  of  convicts  from  the  prisons  to  work  the  coal  mines  at  a  time 
when  thousands  of  miners  were  idle  from  an  inability  to  procure  work. 
In  each  of  these  instances  the  local  authorities  acknowledged  their 
inability  to  enforce  the  law,  and  the  governors  called  upon  the  militia 
and  National  Guard  to  aid  in  securing  order  and  preventing  the 
destruction  of  property.  In  Pennsylvania  the  entire  military  force, 
aggregating  about  9,000,  took  possession  of  the  mills,  drove  out  the 
rioters,  and  restored  order.  In  New  York  the  governor  called  out  two 
brigades  of  National  Guard,  about  7,000  men,  and  although  the  effort 
was  not  unattended  by  stout  resistance,  they  speedily  suppressed  dis 
order  and  restored  quiet.  In  Tennessee  the  militia  force  consisted  of 
a  single  company,  and  the  majority  of  the  people  in  the  vicinity  of  the 
outbreak  were  s}Tmpathizers  with  the  disturbers,  but,  presenting  a 
determined  front,  they  succeeded  in  maintaining  the  supremacy  of  the 
laws.  A  more  difficult  situation  presented  itself  in  the  mountains  of 
northern  Idaho,  where,  on  the  llth  of  July,  an  attack 
cceurd'Aiene  mines,  bv  members  of  an  organization  known  as  the  Miners' 

July  11, 1892.  ^    .  ,    .  .    .          „    , , 

Union  upon  nonmembers  employed  in  certain  ot  the 
mines  resulted  in  the  killing  of  quite  a  number,  the  destruction  of 


RIOTING    AT    CCEUR    D'ALENE    MINES,   JULY   11,   1892.  223 

much  property,  and  the  driving  of  the  nonunion  men  from  the  vicinity 
of  the  mines.  The  Coaur  d'Alene  mining  region,  the  scene  of  this 
disturbance,  embraces  the  valley  and  country  adjacent  to  the  Cceur 
d'Alene  River  and  is  one  of  rough  mountains,  difficult  to  reach  and 
more  difficult  to  attack.  There  were  but  four  companies  of  militia  in 
the  State  and  these  were  at  once  ordered  to  the  scene  of  disturbance, 
but,  in  view  of  their  small  number  and  the  gravity  of  the  situation, 
the  governor  deemed  it  futile  to  move  on  the  rioters  without  the  aid 
of  Federal  troops.  He  accordingly  addressed  this  telegram  to  the 
President: 

BOISE  CITY,  July  11,  1892. 
The  PRESIDENT  OF  THE  UNITED  STATES: 

This  morning  riot  and  bloodshed  by  the  miners  in  the  Coeur  d'Alene  district  com 
menced.  The  mill  was  blown  up  by  dynamite  and  many  men  were  killed  and 
injured.  Inspector-General  Curtis,  I.  N.  G.,  informs  me  that  400  or  500  armed  men 
constitute  the  mob.  The  legislature  is  not  in  session  and  can  not  be  promptly  con 
vened.  The  civil  authorities  of  the  county  and  State  are  wholly  inadequate  to  main 
tain  peace.  The  immediate  military  force  of  the  Idaho  National  Guard  numbers 
only  196  men,  which  is,  in  my  opinion,  far  too  few  to  successfully  cope  with  the 
mob,  though  I  will  at  once  order  it  into  the  field.  In  this  emergency  I  deem  it  nec 
essary  to  call  for  the  assistance  of  the  Federal  troops.  I  therefore  request  that  a 
sufficient  force  be  detailed  from  Fort  Sherman  or  elsewhere  to  act  in  concert  with 

the  State  authorities  in  maintaining  public  order. 

NORMAN  B.  WILLEY, 

Governor. 

This  reached  the  President,  then  absent  from  Washington,  on  the 
morning  of  the  12th,  and  in  response  thereto  he  telegraphed  the  Sec 
retary  of  War  as  follows: 

[Telegram.] 

SARATOGA  DEPOT,  N.  Y.,  July  12,  1892. 
The  SECRETARY  OP  WAR, 

Washington,  D.  C.: 

The  governor  of  the  State  of  Idaho  has  called  upon  me  under  section  4  of  article  IV 
of  the  Constitution  for  assistance  in  suppressing  a  domestic  disturbance  which  the 
State  authorities  are  unable  to  control.  You  will  at  once  send  to  the  scene  of  dis 
order  an  adequate  force  of  troops  from  the  nearest  station  under  an  officer  of  rank 
and  discretion,  with  orders  to  cooperate  with  the  civil  authorities  in  preserving  the 
peace  and  protecting  life  and  property. 
I  will  reach  Washington  to-night. 

BENJ.  HARRISON. 

Orders  were  accordingly  sent  to  General  Merritt  at  St.  Paul,  direct 
ing  him  to  send  three  companies  from  Fort  Missoula, 181  and  to  General 
Ruger  at  San  Francisco,  to  send  all  available  troops  from  Fort  Sher 
man,182  to  Wardner,  Idaho,  which  had  been  indicated  as  the  center  of 
the  disturbance,  under  a  discreet  officer  of  rank,  to  report  to  the  gov 
ernor  of  the  State  and  to  support  the  civil  authorities  in  preserving 
the  peace  and  preventing  the  destruction  of  life  and  property.  On 


224  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

the  approach  of  the  troops  to  Wardner  the  rioters  dispersed,  in  part 
to  the  mines  and  others  collected  at  the  railway  stations,  Wardner, 
Wallace,  and  Mullan.  The  troops  were  distributed  to  the  mines  and 
such  other  points  as  best  controlled  the  region  of  disturbance.  There 
was  at  no  time  the  slightest  conflict  between  the  United  States  troops 
and  the  rioters,  nor  did  they  offer  any  resistance  to  the  regulations  of 
the  officers  in  command  of  the  troops.  On  the  16th  the  following 
orders  and  proclamation  were  published  as  a  measure  of  precaution: 

WAR  DEPARTMENT,  Washington,  D.  C.,  July  16,  1892. 

It  is  gratifying  to  know  that  any  collision  between  the  troops  and  the  rioters  has 
been  avoided.  As  a  measure  of  precaution,  and  in  the  hope  that  it  may  tend  to  allay 
excitement,  you  will  cause  to  be  published  the  following  proclamation  from  the 
President. 

S.  B.  ELKINS, 
Secretary  of  War. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

To  whom  it  may  concern: 

Whereas,  the  governor  of  the  State  of  Idaho  has  represented  to  me  that  within  said 
State  there  exists  an  insurrection  and  condition  of  domestic  violence  and  resistance 
to  the  laws,  to  meet  and  overcome  which  the  resources  at  his  command  are  unequal; 
and 

Whereas,  he  has  further  represented  that  the  legislature  of  said  State  is  not  now  in 
session,  and  can  not  be  promptly  convened;  and 

Whereas,  by  reason  of  said  conditions,  the  said  governor,  as  chief  executive  of  the 
State,  has  called  upon  me,  as  Chief  Executive  of  the  Government  of  the  United 
States,  for  assistance  in  repressing  said  violence  and  restoring  and  maintaining  the 
peace: 

Now,  therefore,  I,  Benjamin  Harrison,  President  of  the  United  States,  by  virtue  of 
section  4,  Article  IV,  of  the  Constitution  of  the  United  States,  and  of  the  laws  of 
Congress  enacted  in  pursuance  thereof,  do  hereby  command  all  persons  engaged  in 
said  insurrection  and  in  resistance  to  the  laws  to  immediately  disperse  and  retire 
peaceably  to  their  respective  abodes. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  United 
States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  fifteenth  day  of  July,  in  the  year  of  our  Lord 
eighteen  hundred  and  ninety-two,  and  of  the  Independence  of  the  United  States  the 
one  hundred  and  sixteenth. 

[SEAL.]  BENJ.  HARRISON. 

By  the  President: 
JOHN  W.  FOSTER, 

Secretary  of  State. 

The  duty  performed  by  the  troops  consisted  in  assistance  to  the  civil 
officers  in  making  arrests  of  those  charged  with  participation  in  crim 
inal  acts  during  the  riots;  in  guarding  prisoners  held  in  custody  and 
preventing  their  rescue.  In  all,  over  300  arrests  were  made.  The 
presence  of  the  troops  extinguished  open  lawlessness  in  the  whole 
Coaur  d'Alene  region,  so  that  by  the  end  of  July,  as  there  remained 


MUNICIPAL    TROUBLES    AT    DENVER,   COLO.,   MARCH,   1894.        225 

nothing  for  them  to  do  except  to  guard  the   prisoners,  they  were 
withdrawn  and  returned  to  their  stations.     (34728  A.  G.  O.,  1892.) 

A  change  in  the  personnel  of  two  unimportant  municipal  offices  at 
Denver,  Colo.,  in  the  spring  of  1894,  complicated  by  the  interposition 
of  the  governor,  threatened  for  a  time  to  bring  about  a  serious  domestic 
disturbance  and  involve  riot  and  bloodshed.  The  governor  attempted 
to  remove  the  offending  officials,  and  they,  refusing  to  surrender, 
obtained  from  the  court  a  temporary  injunction  restraining  the  gov 
ernor  from  interference.  The  governor  refused  to  recognize  the 
injunction  and  ordered  out  the  militia  with  the  object  of  removing  the 
officials  by  force,  while  the  latter,  surrounding  themselves  in  the  city 
hall  by  the  police  and  other  friends  to  the  number  of  several  hundred, 
fully  armed,  possessed  themselves  of  d}rnamite  and 
troubles  at  Senver,  other  high  explosives  which  they  threatened  to  throw 

March.  1894.  . ,  ,   .          ,,  m.  , ,  , .     -,    . 

at  the  attacking  lorce.  ine  governor  then  applied  to 
tne  military  commander  for  United  States  troops  to  preserve  order  in 
the  city: 

DENVER,  COLO.,  March  15, 1894. 
General  McCoox,  U.  S.  Army, 

Commanding  the  Department  of  the  Colorado. 

I  have  called  out  the  militia  in  Denver — National  Guard — to  enforce  the  laws  of 
the  State.  I  find  an  organized  opposition  by  the  city  police  and  detective  force  and 
the  sheriff's  office.  I  can  enforce  the  law,  but  not  without  great  bloodshed.  I  call 
upon  you,  as  governor  of  the  State,  to  assist  me  in  preserving  order  and  in  prevent 
ing  bloodshed. 

DAVIS  H.  WAITE, 

Governor  of  Colorado. 

Believing  a  crisis  imminent  and  insurrection  and  riot  about  to  super 
vene,  General  McCook,  under  the  authority  given  commanding  officers 
under  paragraph  585  of  the  Army  Regulations  (edition  1889),  ordered 
the  troops  from  Fort  Logan  to  go  at  once  to  the  city  for  the  sole  pur 
pose  of  preserving  the  peace,  at  the  same  time  reporting  his  action  to 
the  War  Department.  The  following  reply  was  also  sent  to  Governor 
Waite: 

HEADQUARTERS  DEPARTMENT  or  THE  COLORADO, 

Denver,  Colo.,  March  15, 1894. 

In  pursuance  of  your  demand,  this  moment  received,  I  have  ordered  the  troops 
from  Fort  Logan  to  come  at  once  to  the  city,  for  the  sole  purpose  of  preserving 
peace.  I  act  in  the  matter  under  paragraph  585,  Army  Regulations.  I  consider  a 
crisis  imminent,  and  insurrection  and  riot  against  the  executive  authority  of  the 
State  of  Colorado.  The  troops,  upon  arrival,  will  be  directed  to  act  with  great  dis 
cretion,  and  I  will  see  that  the  laws  of  the  land  are  not  violated.  I  would  recom 
mend  that  an  order  issue  that  the  National  Guard  be  returned  to  their  armory. 

A.  McD.  McCooK, 
Brigadier-  General  Commanding. 
DAVIS  H.  WAITE, 

Governor  of  Colorado,  Denver,  Colo. 

S.  Doc.  209 15 


226  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

The  following  is  the  answer  received  from  the  governor: 

STATE  OF  COLORADO,  EXECUTIVE  MANSION, 

Denver,  Colo. ,  March  15,  1894. 

Yours  by  your  aide-de-camp  received.  I  respectfully  decline  to  order  the  National 
Guard,  now  endeavoring  to  enforce  the  laws  of  the  State,  to  their  armory,  but  will 
confer  with  you  or  Colonel  Merriam,  whom  shall  be  in  command  when  the  troops 
arrive. 

Respectfully,  DAVIS  H.  WAITE, 

Governor. 
General  McCoox. 

General  McCook  then  called  upon  the  governor,  who  asked  him  to 
assist  him  in  taking  possession  of  the  city  hall.  He  was  told  that  he 
could  not  be  assisted.  He  then  asked  if  the  United  States  troops 
could  be  held  in  reserve  for  the  National  Guard  to  fall  back  upon  in 
case  they  were  repulsed,  and  was  told  that  United  States  troops  could 
not  be  used  for  such  a  purpose.  The  troops  arrived  at  8.30  p.  m., 
and  on  their  appearance  the  crowd  dispersed,  the  militia  returned  to 
their  armory,  and  peace  and  quiet  were  restored  to  the  city.  On 
the  morning  of  the  16th  the  following  dispatch  was  sent  to  General 
McCook: 

WAR  DEPARTMENT, 
Washington,  March  16,  1894. 
Brigadier-General  McCooK, 

Commanding  Department  of  the  Colorado,  Denver,  Colo.: 

No  application,  as  required  by  section  5297  of  the  Revised  Statutes,  for  the  employ 
ment  of  military  forces  of  the  United  States  has  been  received  by  the  President  from 
the  legislature  or  governor  of  Colorado  for  the  suppression  of  an  insurrection  against 
its  government.  Unless  such  an  insurrection  as  is  contemplated  by  the  statutes 
exists  or  is  threatened  and  the  executive  represents  the  State  authorities  incapable 
to  suppress  or  prevent  it,  the  use  of  the  troops  except  for  the  protection  of  Govern 
ment  property  is  not  authorized. 

DANIEL  S.  LAMONT, 

Secretary  of  War. 

This  having  been  communicated  to  Governor  Waite,  he  remarked 
that  he  did  not  want  the  troops  for  any  such  purpose,  and  asked  that 
they  be  withdrawn,  and  on  being  requested  to  put  his  wishes  in 
writing  did  so,  as  follows: 

STATE  OF  COLORADO,  EXECUTIVE  DEPARTMENT, 

Denver,  March  16,  1894. 

Yesterday  about  5  p.  m.,  on  informal  notice  that  you  had  announced  that  you 
would  put  seven  companies  of  United  States  troops  in  Denver  at  my  call,  I  inferred 
that  your  object  was  to  assist  the  State  in  the  enforcement  of  the  laws.  As  you 
were  present  in  Denver  and  knew  that  the  city  companies  of  the  National  Guard 
had  been  called  out  by  me  as  commander  in  chief,  and  were  at  the  time  on  duty  in 
the  streets  near  the  city  hall,  I  therefore  requested  that  you  move  the  United 
States  troops  to  the  city,  and  I  was  careful  to  specify  in  my  letter  that  the  object  of 
the  call  for  the  United  States  troops  was  that  they  might  assist  the  State  troops  in 
the  execution  of  the  laws  and  in  preventing  bloodshed.  In  conversation  with  you 


MUNICIPAL    TROUBLES    AT    DENVER,   COLO.,   MARCH,   1894.       227 

this  morning  at  your  office  I  find  that  in  your  opinion  you  have  no  such  right.     I 
therefore  most  respectfully  withdraw  my  request  for  the  United  States  troops. 

DAVIS  H.  WAITE, 

Governor  of  Colorado. 
A.  McD.  McCoox, 

Brigadier-General,  U.  S.  Army,  Department  of  the  Colorado. 

The  troops  were  accordingly  withdrawn  from  the  scene  of  dis 
turbance  and  quartered  in  a  public  building.  There  they  remained 
until  Sunday  night,  the  18th,  when,  it  being  apparent  that  there  would 
be  no  further  disturbance,  they  were  returned  to  Fort  Logan. 


XI.  THE  RAILROAD  STRIKES  OF  1894. 

RIOTS  AT  CHICAGO,  ILL.— RIOTS  AT  HAMMOND,  IND.— RIOTS  IX  THE  WEST  GENERALLY— 
RIOTS  IN  IDAHO— RIOTS  IN  NEW  MEXICO— RIOTS  IN  OKLAHOMA— RIOTS  AT  SACRA 
MENTO,  CAL.— THE  CASE  OF  IN  RE  DEBS. 


The  great  railroad  strike  of  1894  originated  in  a  movement  by  the 
employees  of  the  Pullman  Palace  Car  Company  at  Pullman,  near 
Chicago,  111.,  for  higher  wages,  which  the  car  company  declined  to 
grant.  This  was  on  the  9th  of  May,  and  on  the  llth  about  2,000  of 
the  employees  of  the  company  quit  work.  A  tedious  period  of  idle 
ness  ensued  and  continued  for  several  weeks  with  no  prospect  of  a 
successful  issue  and  the  workmen  were  preparing  to  abandon  the 
strike  and  go  to  work,  when  on  the  26th  of  June  the  American  Kail- 
way  Union,  an  organization  pretending  to  represent  all  railway 
employees  in  the  West,  excepting  locomotive  engineers,  suddenly 
declared  a  "boycott"  against  Pullman  cars.  On  the  following  day 
the  embargo  had  extended  to  all  the  principal  roads  entering  Chicago, 
and  on  the  28th  it  had  reached  nearly  every  road  west  of  that  point. 
On  the  29th  the  boycott  against  the  Pullman  cars  had  resolved  itself 
into  a  fight  between  the  Railway  Union  and  the  associated  managers 
of  the  railways.  The  former  ordered  a  strike  on  the  Rock  Island, 
Chicago  and  Alton,  Chicago  and  Erie,  Monon,  Fort  Wayne,  Wabash, 
Great  Western,  and  Lake  Shore,  as  well  as  the  Union  Stock  Yards 
Transit  Company,  aggregating  some  40,000  employees.  Thus  far 
there  had  been  no  violence,  but  trains  through  Indiana,  Ohio,  Illinois, 
and  Kentucky  had  been  stopped  and  Pullman  cars  detached  and  side 
tracked.  On  the  30th  trains  were  derailed  and  Pullman  cars  stoned  in 
the  East,  and  the  strike  had  proceeded  westward  until  it  had  reached 
the  Pacific  coast.  By  this  time  few  trains  were  running  in  or  out  of 
Chicago,  the  mails  were  being  delayed  everywhere,  trains  were 
obstructed,  and  commerce  interrupted. 

On  June  28th,  in  response  to  complaints  regarding  the  interruption 
of  the  mails,  the  Attorne}T-General  had  instructed  the  United  States 
attornev  at  Chicago  to  protect  the  mail  trains  with  United  States  mar 
shals.  On  July  1  a  special  attorney  was  appointed  to  enforce  the  laws 
relating  to  the  protection  of  the  mails,  and  that  evening  seven  men 
were  arrested  on  the  charge  of  obstructing  trains  carrying  United 
States  mails.  These  arrests  caused  great  excitement, 

at  Chicago,  in.,     which   was   increased    the   following  day   when    the 

July  3-8, 1894.          TT     .       ,     Oj  ,-.  .  •  j" 

United   States   court   at  Chicago  issued   a   sweeping 
injunction  against  the  strikers.     To  provide  for  possible  trouble  the 

228 


EIOTS    AT   CHICAGO,  ILL.,  JULY   3-8,  1894.  229 

commanding  general  of  the  Department  of  the  Missouri  was  confi 
dentially  instructed  to  make  all  necessary  arrangements  to  move  the 
entire  garrison  of  Fort  Sheridan — infantry,  cavalry,  and  artillery— 
into  Chicago  at  4  o'clock,  and  on  the  3d  this  order  was  made  effective, 
the  officers  of  the  courts  having  announced  their  inability  to  enforce 
their  mandates  or  to  quiet  the  riots  that  had  broken  out  all  over  the 
city.  The  following  were  the  orders  for  the  employment  of  the 
troops : 

HEADQUARTERS  OF  THE  ARMY, 
Washington,  D.  C'.,  July  3,  1894 — 4  o'clock  p.  m. 
To  MARTIN, 

Adjutant- General,  Chicago,  III.: 

It  having  become  impracticable,  in  the  judgment  of  the  President,  to  enforce  by 
ordinary  course  of  judicial  proceedings,  the  laws  of  the  United  States,  you  will  direct 
Colonel  Crofton  to  move  his  entire  command  at  once  to  the  city  of  Chicago,  leaving 
the  necessary  guard  at  Fort  Sheridan,  there  to  execute  the  orders  and  processes  of 
the  United  States  court,  to  prevent  the  obstruction  of  the  United  States  mails  and 
generally  to  enforce  the  faithful  execution  of  the  laws  of  the  United  States.  He  will 
confer  with  the  United  States  marshal,  the  United  States  district  attorney,  and  Edwin 
Walker,  special  counsel.  Acknowledge  receipt  and  report  action  promptly. 
By  order  of  the  President: 

J.  M.  SCHOFIELD, 

Major- General. 

The  4th  of  July  was  comparatively  quiet  in  Chicago.  The  troops 
from  Fort  Sheridan  arrived  at  10.15  a.  m.,  and  were  located  at  Blue 
Island,  Grand  Crossing,  at  Forty-seventh  street,  and  at  the  Stock  Yards. 
There  was  some  rioting,  but  upon  the  whole  the  situation  was  encour 
aging  for  peace  and  good  order.  The  morning  of  the  5th  opened 
quietly,  but  about  the  usual  time  of  beginning  work  a  mob  of  several 
thousand  commenced  operations  along  the  line  of  the  Rock  Island  by 
overturning  cars,  burning  station  houses,  and  destroying  propert}T 
indiscriminately.  By  noon  this  mob  numbered  some  10,000  men,  was 
3  miles  long,  and  moved  over  an  area  fully  one-half  mile  wide,  burn 
ing  and  destro}- ing  everything  it  could  reach.  Additional  troops  were 
hurried  into  Chicago  from  Fort  Brady  and  Leavenworth  and  camped 
at  Lake  Front  Park,  while  the  National  Guard  of  the  State  was  ordered 
to  concentrate  at  Chicago.  During  the  night  fires  were  started  in  a 
dozen  different  places,  and  a  proclamation  was  issued  by  the  mayor 
directing  the  police  to  disperse  the  mobs  and  prevent  interference  with 
the  railroads.  The  mob  wrecked  many  locomotives,  overturned  and 
burned  several  hundred  cars  and  some  10  large  buildings,  while  more 
than  20  men  had  been  killed  or  injured.  The  6th  was  a  repetition  of 
the  scenes  of  the  day  before  on  a  larger  scale.  During  the  twenty- 
four  hours  more  than  1,000  cars,  many  of  them  loaded  with  mer 
chandise,  were  burned  and  destroyed,  and  the  mob  held  possession  of 
Kensington,  Burnside,  Fordham,  and  Grand  Crossing.  Several  con 
flicts  between  the  mob  and  the  National  Guard  and  United  States 


230  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

marshals  resulted  in  the  killing  of  six  or  eight  of  the  rioters.  The  7th 
was  quiet  as  compared  to  the  day  before,  but  in  the  afternoon  the 
police  fired  into  the  mob  at  several  places,  and  at  Forty-ninth  street  a 
company  of  the  National  Guard  fired  three  volleys  into  a  mob  esti 
mated  to  number  15,000.  The  United  States  troops  patrolled  all  the 
railway  lines,  and  were  stationed  at  strategic  points — the  Government 
building,  Lake  Front  Park,  Blue  Island,  and  the  Stock  Yards.  By  this 
time  there  were  over  100,000  idle  men  in  Chicago,  and  180,000  on 
strike  in  the  State  of  Illinois  alone.  Sunday  was  a  quiet  day  in  Chi 
cago,  although  small  affrays  occurred  at  various  points  about  the  lines 
of  railways.  There  was  a  considerable  conflict  at  Hammond,  a  small 
town  in  Indiana,  20  miles  from  Chicago — to  be  mentioned  hereafter — 
in  which  a  company  of  United  States  troops  were  compelled  to  fire  on 
the  mob.  On  receipt  of  this  intelligence  the  President  at  once  issued 
the  following  proclamation: 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  by  reason  of  unlawful  obstruction,  combinations,  and  assemblages  of  per 
sons  it  has  become  impracticable,  in  the  judgment  of  the  President,  to  enforce  by  the 
ordinary  course  of  judicial  proceedings,  the  laws  of  the  United  States  within  the 
State  of  Illinois,  and  especially  in  the  city  of  Chicago  within  said  State; 

And  whereas,  for  the  purpose  of  enforcing  the  faithful  execution  of  the  laws  of  the 
United  States  and  protecting  its  property  and  removing  obstructions  to  the  United 
States  mails  in  the  State  and  city  aforesaid,  the  President  has  employed  a  part  of  the 
military  forces  of  the  United  States; 

Now,  therefore,  I,  Grover  Cleveland,  President  of  the  United  States,  do  hereby 
admonish  all  good  citizens  and  all  persons  who  may  be  or  may  come  within  the  city 
and  State  aforesaid,  against  aiding,  countenancing,  encouraging,  or  taking  any  part 
in  such  unlawful  obstructions,  combinations,  and  assemblages;  and  I  hereby  warn 
all  persons  engaged  in  or  in  any  way  connected  with  such  unlawful  obstructions, 
combinations,  and  assemblages  to  disperse  and  retire  peaceably  to  their  respective 
abodes  on  or  before  12  o'clock  noon  on  the  9th  day  of  July  instant. 

Those  who  disregard  this  warning  and  persist  in  taking  part  with  a  riotous  mob 
in  forcibly  resisting  and  obstructing  the  execution  of  the  laws  of  the  United  States, 
or  interfering  with  the  functions  of  the  Government  or  destroying  or  attempting  to 
destroy  the  property  belonging  to  the  United  States  or  under  it:?  protection,  can  not 
be  regarded  otherwise  than  as  public  enemies. 

Troops  employed  against  such  a  riotous  mob  will  act  with  all  the  moderation  and 
forbearance  consistent  with  the  accomplishment  of  the  desired  end;  but  the  stern 
necessities  that  confront  them  will  not  with  certainty  permit  discrimination  between 
guilty  participants  and  those  who  are  mingled  with  them  from  curiosity  and  without 
criminal  intent.  The  only  safe  course,  therefore,  for  those  not  actually  unlawfully 
participating  is  to  abide  at  their  homes,  or  at  least  not  to  be  found  in  the  neighbor 
hood  of  riotous  assemblages. 

While  there  will  be  no  hesitation  or  vacillation  in  the  decisive  treatment  of  the 
guilty,  this  warning  is  especially  intended  to  protect  and  save  the  innocent. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
United  States  to  be  hereto  affixed. 


RIOT    AT   HAMMOND,  IND. ,  JULY    7,   1894.  231 

Done  at  the  city  of  Washington,  this  8th  day  of  July  in  the  year  of  our  Lord 
eighteen  hundred  and  ninety-four,  and  of  the  Independence  of  the  United  States  the 
one  hundred  and  nineteenth. 

[SEAL.]  GROVER  CLEVELAND. 

By  the  President: 
W.  Q.  GRESHAM, 

Secretary  of  State. 

The  troops  in  Chicago  on  the  9th  aggregated  750  infantry,  120  cav 
alry,  60  artillery,  in  all  930  men,  while  500  men  were  en  route  from 
Fort  Riley.  These  were  supplemented  by  a  brigade  of  Illinois  National 
Guard,  numbering  2,000,  and  deputy  United  States  marshals  to  the 
number  of  750  to  1,000.  There  was  no  rioting  on  the  9th,  the  strikers 
seemingly  awaiting  the  result  of  conferences.  The  Ninth  Infantry 
from  Madison  Barracks  arrived  during  the  afternoon  and  were  put  on 
duty  at  once.  On  the  10th  the  most  prominent  of  the  leaders  of  the 
strikers  were  arrested  charged  with  conspiracy  to  block  the  progress 
of  the  United  States  mails.  By  the  llth  it  was  apparent  that  the  worst 
was  over.  Trains  were  being  moved  on  all  of  the  twenty-two  railroads 
centering  in  Chicago  somewhat  irregularly  but  without  molestation; 
rioting  had  ceased,  and,  although  there  was  much  feverish  excitement 
throughout  the  city,  a  better  feeling  existed  and  the  troops  were  not 
called  upon  for  anything  beyond  the  preservation  of  order.  On  the 
18th  orders  were  issued  returning  the  Ninth  Infantry  to  Madison  Bar 
racks  and  directing  all  the  other  troops  in  Chicago  to  take  station  at 
Fort  Sheridan. 

The  geographical  position  of  the  State  of  Indiana  renders  it  an 
important  factor  in  any  movement  involving  the  trunk  lines  between 
the  East  and  West.  Every  railway  track  between  the  eastern  sea 
board  and  the  lakes  must  cross  its  borders,  and  as  a  consequence  its 
peace  and  good  order  are  necessarily  affected  by  any  disturbance  hav 
ing  its  center  in  railway  industries.  Early  in  the  Pullman  strike  the 
State  authorities,  apprehensive  of  impending  troubles,  were  in  corre 
spondence  with  the  War  Department,  and  had  taken  measures  to  insure 
prompt  communication  should  the  emergency  arise.  From  the  middle 
of  April  up  to  the  20th  of  June  there  had  been  a  strike  among  the  coal 
miners  and  the  entire  National  Guard  of  the  State  had  been  in  the  field. 
The  State  troops,  about  1,000  in  number,  were  worn  out  from  their  unac 
customed  service,  and  at  the  best  were  too  few  to  afford  much  resist 
ance  to  a  determined  mob.  In  connection  with  the  general  strike  the 
employees  of  all  the  roads  entering  Indianapolis  had 

at  Hammond,  ind.,  been  ordered  out  and  trains  were  everywhere  blocked. 

On  Sunday,  the  7th  of  July,  a  large  mob  assembled  at 

Hammond,  a  point  on  the  main  route  from  New  York  to  Chicago,  20 

miles  east  of  that  city,  where  five  trunk  lines  pass  through  the  town — 

the  Erie,  the  Monon,  the  Michigan  Central,  the  Nickel  Plate,  and  the 


232  FEDERAL   AID   IN    DOMESTIC    DISTURBANCES. 

Pennsylvania.  The  mob  had  sacked  the  telegraph  office,  cut  the  wires, 
stopped  all  traffic,  overturned  cars,  and  destroyed  much  property. 
The  sheriff  and  United  States  marshal  being  powerless  to  restrain 
them,  called  upon  the  Government  for  aid,  and  the  latter,  in  concert 
with  the  officers  of  the  United  States  court,  telegraphed  the  situation 
to  the  President  and  asked  for  the  assistance  of  the  Federal  troops.183 
To  this  the  Secretary  of  War  replied  that  his  request  had  been  referred 
to  General  Miles,  who  had  full  authority  to  act,  and  at  the  same  time 
General  Miles  was  informed  that  he  had  full  authority  to  act  under 
his  previous  instructions.  A  company  of  the  Fifteenth  Infantry  was 
accordingly  dispatched  to  Hammond,  and  upon  their  arrival  an  effort 
was  made  to  raise  the  blockade,  and  several  trains  under  their  escort 
were  pulled  through  the  town.  This  angered  the  mob,  and  volleys  of 
stones  were  showered  upon  the  Regular  troops.  The  men  stood  their 
ground  for  something  over  three  hours,  by  which  time  a  mob  of  fully 
3,000  men,  who  had  been  aroused  to  a  frenzy  by  their  leaders,  sur 
rounded  them.  Several  times  they  rushed  upon  this  company,  num 
bering  but  35  men,  but  were  met  each  time  by  fixed  ba}ronets  and 
driven  back.  At  last,  when  about  to  be  overpowered  by  numbers,  the 
order  was  given  to  fire  and  several  volleys  were  poured  into  the  mob. 
The  result  was  never  ascertained,  as  the  rioters  carried  away  their 
killed,  if  any,  and  all  of  their  wounded  but  12  or  15 — one  man  only 
was  known  to  be  killed.  An  hour  later  three  more  companies  arrived 
from  Chicago,  and  before  morning  16  companies  of  State  militia, 
including  a  battery  of  artillery,  had  reached  Hammond,  and  order  was 
restored. 

By  the  10th  of  July  the  strike  and  its  consequent  blockade  had 
extended  westward  along  the  line  of  the  Northern  Pacific  into 
North  Dakota,  Montana,  Idaho,  Oregon,  and  Washington;  the  Union 
Pacific  into  Wyoming,  Colorado,  Utah,  Nevada,  and  California,  and 
the  Southern  Pacific  into  New  Mexico.  In  Iowa  there  was  a  general 
suspension  of  traffic,  with  rioting  at  Ottumwa,  Sioux  City,  and  other 
points  along  the  line  of  the  Rock  Island  Road,  which  necessitated  the 
calling  out  of  the  National  Guard.  In  Missouri  the  tie-up  was  general 
and  there  was  disorder  at  St.  Louis,  Moberly,  Kansas  City,  and  other 
points,  and  United  States  marshals  were  appointed  in  large  numbers, 
but  the  governor  declined  to  call  out  the  militia  or  to  ask  for  Federal 
'  assistance.  In  Nebraska  the  militia  was  called  out  to 

Rioting  in 

the  west  generally,  suppress  lawlessness  at  Omaha,  and  there  was  a  sus- 

July,  1894.  rr. 

pension  of  tramc  for  a  week  or  more,  but  there  was 
no  occasion  for  Federal  action.  In  order,  however,  that  any  possible 
emergency  should  be  promptly  met,  all  department  commanders  in 
these  States  and  Territories  west  of  the  Mississippi  were  given  the 
following  instructions: 

In  view  of  the  fact,  as  substantiated  by  communications  received  from  the  Depart 
ment  of  Justice,  from  your  official  reports,  and  from  other  reliable  sources,  that,  by 


RIOTING    IN   IDAHO,  JULY,  1894.  233 

reason  of  unlawful  obstructions  and  combinations  or  assemblages  of  persons,  it  has 
become  impracticable  in  the  judgment  of  the  President  to  enforce  by  the  ordinary 
course  of  judicial  proceeding  the  laws  of  the  United  States,  and  to  prevent  obstruc 
tions  of  the  United  States  mails  and  interruptions  to  commerce  between  the  States 
on  the  line  of  the  Northern  Pacific  Railroad,  and  to  secure  to  the  United  States  the 
right  guaranteed  by  section  11  of  the  act  approved  July  2,  1864,  constituting  the 
Northern  Pacific  Railroad  "A  post  route  and  military  road,  subject  to  the  use  of 
the  United  Slates  for  postal,  military,  naval,  and  all  other  Government  service,"  you 
are  directed  by  the  President  to  employ  the  military  force  under  your  command  to 
remove  obstructions  to  the  mails,  and  to  execute  any  orders  of  the  United  States 
court  for  the  protection  of  property  in  the  hands  of  receivers  appointed  by  such 
court,  and  for  preventing  interruption  of  interstate  commerce,  and  to  give  such  pro 
tection  to  said  railroad  as  will  prevent  any  unlawful  and  forcible  obstruction  to  the 
regular  and  orderly  operation  of  said  road  "For  postal,  military,  naval,  and  all 
.  other  Government  service. ' ' 

J.  M.  SCHOFIELD, 
Major-  General,  Commanding. 

The  situation  in  Idaho  along  the  line  of  the  Northern  Pacific  was 
complicated  by  a  strike  of  the  miners  and  their  attempts  to  blow  up 
mines  and  buildings  with  dynamite.  On  the  7th  the  governor  requested 
the  Senators  from  the  State  to  see  the  President  and  urge  the  sending 

of  troops,  but  it  was  considered  that  the  department 
Riotjufyii894ah°'  commander  under  his  general  instructions  would  take 

measures  to  provide  for  emergencies.  A  company  was 
sent  to  Snake  River  to  guard  a  mine  and  the  garrison  at  Boise  was 
held  in  readiness  to  move  at  a  moment's  notice.  On  the  9th  the  fol 
lowing  dispatch  was  received  from  the  governor: 

[Telegram.] 

BOISE,  IDAHO,  July  9. 
GROVER  CLEVELAND, 

President  of  the  United  States,  Washington: 

Domestic  violence  in  the  form  of  an  unlawful  conspiracy  to  destroy  life  and  prop 
erty  exists  in  Shoshone  County,  Idaho.  Armed  men  in  such  force  that  I  am  power 
less  to  aid  the  civil  authority  in  restoring  order.  Citizens  residing  in  the  county  are 
deprived  of  the  equal  protection  of  the  laws  guaranteed  by  the  Constitution.  The 
legislature  of  the  State  can  not  be  convened  at  this  time.  The  presence  of  Regular 
troops  is  absolutely  necessary.  I  therefore  call  upon  you  to  direct  that  at  least  two 
companies  of  Regulars  be  stationed  in  said  county  until  order  is  restored  and  the  laws 
recognized. 

W.  J.  McCONNELL, 

Governor  of  Idaho. 

In  response  to  this  a  company  was  sent  to  Wardner,  the  center  of 
the  mining  disturbances,  and  an  entire  regiment  was  scattered  along 
the  line  of  the  Northern  Pacific  between  Missoula,  Mont. ,  and  Tacoma, 
Wash. ,  to  escort  the  trains  and  prevent  interference  with  the  progress 
of  the  mails.  By  the  17th  of  July  all  trains  were  moving  freely  and 
the  troops  were  withdrawn. 

The  employees  of  the  Atchison,  Topeka  and  Santa  Fe  system,  run 
ning  from  St.  Louis  through  the  southern  tier  of  Slates  and  Terri- 


234  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

lories  to  ih&  Pacific,  were  among  the  first  to  declare  their  sympathy 
with  the  Pullman  strikers  and  to  quit  work.  This  road  was  in  the 
hands  of  receivers  appointed  by  United  States  court,  and  the  court 
promptly  ordered  the  strikers  to  be  discharged  and  HCAV  men  employed. 
The  striking  employees  declared  their  purpose  to  pre- 

New  Mexico.  f      J 

vent  the  execution  of  this  mandate  and  the  sheriff  of 
one  of  the  counties  along  the  line  of  road  called  for  aid.  This  the 
governor  was  unable  to  furnish  and  he  telegraphed  for  aid.  The  fol 
lowing  is  his  demand  and  its  reply: 

SANTA  FE,  X.  MEX. 

The  employees  of  the  Atchison,  Topeka  and  Santa  Fe  Railroad  Company,  which 
is  in  the  hands  of  receivers,  have  struck  to  aid  in  the  boycott  of  the  Pullman  Palace 
Car  Company.  The  court  has  ordered  new  men  to  be  employed  to  take  their  places. 
There  are  grave  fears  that  the  old  employees  will  prevent  new  employees  from  mov 
ing  the  cars.  The  sheriff  of  Colfax  County  wires  that  he  can  employ  no  deputies 
there  upon  whom  he  can  rely  and  that  if  an  outbreak  occurs  he  would  be  powerless 
to  protect  property  or  men. 

The  situation  is  critical  and  demands  prompt  action.  Owing  to  the  failure  of  the 
last  legislature  to  make  appropriations  to  support  Territorial  militia  I  can  not  use 
them.  Will  you  instruct  Colonel  Pearson  to  aid  Territorial  authorities  in  enforcing 
the  law  when  called  on. 

W.  T.  THORNTON, 

Governor. 

[Telegram.] 

WASHINGTON,  I).  C.,  July  1,  1894. 
Hon.  W.  T.  THORNTON, 

Governor  of  New  Mexico,  Santa  Fe,  N.  Mex. 

Your  telegram  received.  The  United  States  attorney  and  marshal  for  New  Mexico 
have  been  instructed  to  see  that  regular  mail  trains  are  not  obstructed  and  that 
orders  of  Federal  courts  are  executed  by  sufficient  number  of  deputies  or  posse. 
United  States  troops  can  not  in  this  case  intervene  until  United  States  judge  or 
attorney  and  marshal  certify  to  the  Attorney-General  that  marshal  can  not  execute 
process  or  orders  of  courts. 

DANIEL  S.  LAMONT, 

Secretary  of  War. 

At  the  same  time,  instructions  were  sent  General  McCook,  the  depart 
ment  commander,  at  Denver,  to  send  at  once  a  sufficient  force  from 
Fort  Logan  to  Trinidad  to  enforce  the  mandates  of  the  United  States 
court,  protect  property  in  the  hands  of  the  receivers,  and  prevent 
obstruction  to  the  use  of  said  property,  and  the  transmission  of  United 
States  mails.  In  obedience  to  this,  troops  left  Fort  Logan  at  5  a.  m. 
of  the  2d,  arriving  at  Trinidad  at  noon  of  that  day;  other  detachments 
were  sent  the  same  date  to  Raton  and  Pueblo,  where  disturbances  had 
broken  out.  At  Trinidad  the  troops  were  called  upon  that  night  to 
save  railroad  property  from  destruction  by  a  mob  numbering  several 
thousand,  and  those  sent  to  Raton  were  derailed  at  Las  Vegas.  A 
large  number  of  the  rioters  were  arrested,  and,  under  escort  of  troops, 
were  taken  to  Denver.  From  this  point  the  troubles  extended  to  the 


EIOTING   IN    OKLAHOMA,   JULY    13-20,  1894.  235 

line  of  the  Atlantic  and  Pacific  Railroad,  in  Arizona.  This  road  was 
also  in  the  hands  of  receivers,  and  an  appeal  was  made  to  the  Attorney- 
General  in  due  course.  This  resulted  in  troops  being  sent  from  Whip- 
pie  Barracks,  at  Prescott,  to  Winslow,  Peach  Springs,  and  Williams, 
and  from  Fort  Wingate  to  Los  Cerrillos,  but  in  no  instance  was  any 
thing  beyond  the  presence  of  the  troops  necessary  to  restore  order. 

On  the  13th  of  July  the  authorities  of  the  Rock  Island  road  reported 
that  rioters  were  tearing  up  the  track  of  that  road  at  Enid  and  Pond 
Creek,  in  Oklahoma,  and  at  Round  Pond,  in  the  Indian  Territory;  the 
mails  obstructed,  and  interstate  commerce  interrupted.  A  bridge  was 
blown  up  at  Round  Pond,  trains  derailed  at  several  points,  and  a  gen- 
Rioting  eral  cessation  of  all  traffic  ensued.  The  United  States 


marshal,    when   called   upon   to    arrest    the    leaders, 
reported  himself  powerless  and  without  means  to  sup 

press  the  disorders.     At  the  same  time  the  acting  governor  of  the 

Territory  telegraphed  for  assistance,  as  follows: 

GUTHRIE,  OKLA.,  July  13,  1894. 
Hon.  HOKE  SMITH, 

Secretary  of  Interior,  Washington,  D.  C. 

SIR:  In  counties  L  and  0,  in  this  Territory,  great  violence  toward  the  property  of 
the  Rock  Island  Railway  Company  has  been,  and  is  being,  done.  Mails  are  inter 
rupted,  interstate  commerce  stopped,  and  the  track  and  bridges  of  the  company  torn 
up  and  wrecked;  two  bridges  and  a  portion  of  the  track  having  been  destroyed  within 
the  past  twenty-four  hours.  The  civil  authorities  are  unable  to  preserve  order  and 
protect  property;  the  United  States  marshal  is  also  unable  to  afford  relief.  I  have  no 
militia,  and  desire  the  assistance  of  the  United  States  military  to  preserve  order  and 
protect  property.  I  think  one  small  troop,  divided  at  Round  Pond  and  Enid,  will  be 
sufficient. 

THOS.  J.  LOWE, 
Secretary,  and  Acting  Governor. 

We  concur  in  the  above. 

E.  D.  Nix, 
United  States  Marshal. 
C.  R.  BROOKE, 

United  States  Attorney. 

Troops  were  accordingly  sent  to  Enid  on  the  14th,  and  Round  Pond, 
where  the  disorders  continued  for  some  days.  All  trains  were  com 
pletely  blockaded  from  the  13th  to  the  20th;  bridges  were  burned  at 
eight  different  points,  and  much  property-  destroyed.  On  the  23d  two 
more  companies  were  sent  from  Fort  Supply  to  Round  Pond,  where  a 
large  number  of  arrests  were  made.  These  disorders  were  not  alto 
gether  associated  with  the  labor  strikes,  but  were  largely  the  result  of 
growing  dissatisfaction  with  the  railroad  companies  on  account  of  their 
failing  to  locate  stations  at  every  point  desired  by  the  settlers. 

The  railroad  strike  first  reached  California  through  the  suspension 
of  traffic  on  the  Southern  Pacific.  On  the  1st  of  July  Major-General 
Ruger,  then  commanding  the  Department  of  California,  was  instructed 


236  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

to  send  a  sufficient  military  force  from  San  Francisco  to  Los  Angeles 

"to  enforce  the  mandates  and  warrants  of  the  United 
Sacramento,  cai.,    States  courts,  and  to  prevent  any  obstruction  of  the 

United  States  mails."  The  First  Infantry — eight 
companies — was  sent  in  response  to  these  instructions,  and  remained  at 
that  point  for  some  two  weeks,  but  beyond  the  moral  effect  of  their 
presence  no  occasion  arose  for  their  active  service.  There  was  little 
delay  in  the  sending  out  of  trains  along  this  section,  and  not  much 
interruption  to  travel.  The  center  of  disturbance  in  this  State  was  at 
Sacramento.  On  the  4th  of  July  a  force  of  National  Guard,  number 
ing  about  1,000,  in  an  attempt  to  clear  the  station  of  the  Southern 
Pacific,  was  met  by  so  defiant  an  attitude  upon  the  part  of  the  mob 
that  the  soldiers  refused  to  obey  orders  to  "charge,"  and  as  the  United 
States  marshal  refused  to  give  orders  to  fire  the  troops  withdrew, 
leaving  the  station  and  vicinity  in  the  hands  of  the  mob.  As  a  con 
sequence,  the  Central  Pacific  and  the  northern  section  of  the  Southern 
Pacific  between  Sacramento  and  Oakland  was  practically  in  the  hands 
of  the  strikers  for  something  over  a  week.  On  the  10th  a  force  of  18 
officers  and  345  men  from  the  Presidio  and  Alcatraz,  2  officers  and  50 
men  from  Benicia,  and  6  officers  and  120  marines  from  Mare  Island- 
total,  542  officers  and  men — left  San  Francisco  by  boat  for  Sacramento, 
arriving  early  the  next  morning  and  taking  possession  of  the  railroad 
depots  and  property  without  opposition.  An  attempt  to  start  the 
trains  resulted  in  the  derailment  of  the  leading  section  and  the  wound 
ing  of  two  of  the  strikers.  A  force  of  350  sailors  was  sent  to  Oak 
land  on  the  14th,  where  some  disturbance  resulted  from  an  attempt  to 
send  trains  eastward.  By  the  16th  all  trains  were  running  on  time, 
but  under  escort  of  Regular  troops  or  National  Guard,  and  the  block 
was  broken  by  the  21st;  but  it  was  not  until  the  middle  of  August 
that  regular  travel  was  resumed,  so  that  the  troops  could  be  entirely 
withdrawn. 

According  to  the  testimony  before  the  commission  appointed  by  the 
President  to  inquire  into  the  causes,  etc.,  of  this  strike,  the  loss  to 
the  railroads  in  property  destroyed,  hire  of  deputy  marshals,  and 
other  incidental  expenses  was  at  least  $685,308.  The  loss  of  earnings 
of  the  roads  is  etimated  at  $4,672,916.  The  loss  to  the  3,100  Pullman 
employees  in  wages  was  at  least  $350,000;  the  loss  in  wages  to  the 

nearly  100,000  employees  upon  the  24  railroads  cen- 
byThfstrike       tering  at  Chicago,  at  least  $1,389,143.     Besides  these 

amounts,  very  great  losses,  widely  distributed,  were 
incidentally  suffered  throughout  the  country.  The  number  of  Federal 
troops  brought  to  Chicago  to  protect  the  United  States  mail  service 
and  Federal  buildings,  and  to  sustain  the  execution  of  the  orders  of 
the  United  States  courts,  was  1,936;  the  number  of  State  militia  about 
4,000;  of  extra  deputy  marshals,  nearly  5,000;  of  extra  deputy  slier- 


THE    CASE    OF    IN   BE    DEBS,   1895.  237 

iffs,  250;  to  which  should  be  added  the  police  force  of  Chicago,  3,000, 
making  a  total  force  employed  in  the  suppression  of  violence  and  the 
preservation  of  order  of  14,186.  The  number  of  men  who  were  shot 
or  fatally  wounded  during  the  riots  was  12;  the  number  arrested  by 
the  police,  515;  the  number  wounded,  injured,  or  otherwise  hurt,  as 
nearly  as  can  be  ascertained,  875. a 

It  will  be  observed  from  the  foregoing  narrative  of  events  that  on 
the  10th  of  July  the  Government  assumed  the  responsibility  of  arrest 
ing  and  holding  in  custody  the  leaders  of  the  strike,  and  that  from 
that  date  the  disturbances  ceased  and  the  strike  itself  gradually 
declined.  In  his  testimony  before  the  United  States  strike  commis 
sion,  Mr.  Eugene  V.  Debs,  one  of  the  prominent  leaders  of  the  strike, 
remarked  (p.  143): 

As  soon  as  the  employees  found  that  we  were  arrested  and  taken  from  the  scene 
of  action  they  became  demoralized,  and  that  ended  the  strike.  It  was  not  the  sol 
diers  that  ended  the  strike;  it  was  not  the  old  brotherhoods  that  ended  the  strike; 
it  was  simply  the  United  States  courts  that  ended  the  strike.  Our  men  were  in  a 
position  that  never  would  have  been  shaken  under  any  circumstances  if  we  had  been 
permitted  to  remain  upon  the  field — remain  among  them.  But  once  that  we  were 
taken  from  the  scene  of  action  and  restrained  from  sending  telegrams  or  issuing 
the  orders  necessary,  or  answering  questions;  when  the  minions  of  the  corpora 
tions  would  be  put  to  work  at  such  a  place,  for  instance,  as  Nickerson,  Kans., 
where  they  would  go  and  say  that  the  men  at  Newton  had  gone  back  to  work,  and 
Nickerson  would  wTire  me  to  ask  if  that  were  true.  No  answer  wrould  come  to  the 
message,  because  I  was  under  arrest,  and  we  \vere  all  under  arrest.  The  headquar 
ters  were  demoralized  and  abandoned,  and  we  could  not  answer  any  telegrams  or 
questions  that  would  come  in.  Our  headquarters  were  temporarily  demoralized  and 
abandoned,  and  we  could  not  answer  any  messages.  The  men  went  back  to  work, 
and  the  ranks  were  broken,  and  the  strike  was  broken  up  by  the  Federal  courts  of 
the  United  States  and  not  by  the  Army,  and  not  by  any  other  power,  but  simply 
and  solely  by  the  action  of  the  United  States  courts  in  restraining  us  from  discharg 
ing  our  duties  as  officers  and  representatives  of  the  employees. 

Debs   and   other   officers   of   the    American   Railway   Union   were 
arrested,  upon  an  indictment  found  by  the  grand  jury,  for  contempt 
and  violation  of  the  injunction  before  issued  by  the  circuit  court  of  the 
United  States  for  the  northern  district  of  Illinois.     A  hearing  was  had 
The  case  of        by  the  court,  and  on  the  14th  of  December  the  defend- 
courret,DunitedUstates  ants  were  found  guilty  of  contempt  and  sentenced  to 
imprisonment  in  the  county   jail  for   terms  varying 
from  three  to  six  months.     Having  been  committed  to  jail  in  pursu 
ance  of  that  order,  they,  on  January  14,  1895,  applied  to  the  Supreme 
Court  of  the  United  States  for  a  writ  of  error,  and  also  one  of  habeas 
corpus.     The  former  was  denied;  the  latter  was  argued  March  25-26, 
1895,  and  on  the  27th  of  May  the  court  handed  down  its  decision  deny- 

« Eeport  on  the  Chicago  strike  of  June-July,  1894,  by  the  United  States  strike 
commission  appointed  by  the  President  July  26,  1894,  736  pages.  See  also  Annual 
Report  Attorney-General,  1894. 


238  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

ing  the  petition  of  a  writ  of  habeas  corpus."  In  the  opinion  of  the 
Supreme  Court  the  doctrine  which  had  been  laid  down  many  years 
before  in  the  Legal  Tender  cases  (12  Wall.,  457),  Ex  parte  Siebold 
(100  U.  S.,  371,  395),  and  repeatedly  reiterated,  was  again  enunciated: 

We  hold  it  to  be  an  incontrovertible  principle  that  the  Government  of  the  United 
States  may,  by  means  of  physical  force,  exercised  through  its  official  agents,  execute 
on  every  foot  of  American  soil  the  powers  and  functions  that  belong  to  it.  This 
necessarily  involves  the  power  to  command  obedience  to  its  laws,  and  hence  the 
power  to  keep  the  peace  to  that  extent.  This  power  to  enforce  its  laws  and  to  exe 
cute  its  functions  in  all  places  does  not  derogate  from  the  power  of  the  State  to 
execute  its  laws  at  the  same  time  and  in  the  same  places.  The  one  does  not  exclude 
the  other,  except  where  both  can  not  be  executed  at  the  same  time.  In  that  case 
the  words  of  the  Constitution  itself  show  which  is  to  yield:  "  This  Constitution,  and 
all  laws  which  shall  be  made  in  pursuance  thereof,  *  *  *  shall  be  the  supreme 
law  of  the  land." 

*****  #•  * 

The  entire  strength  of  the  nation  may  be  used  to  enforce  in  any  part  of  the 
land  the  full  and  free  exercise  of  all  national  powers  and  the  security  of  all  rights 
intrusted  by  the  Constitution  to  its  care.  The  strong  arm  of  the  National  Govern 
ment  may  be  put  forth  to  brush  away  all  obstructions  to  the  freedom  of  interstate 
commerce  or  the  transportation  of  the  mails.  If  the  emergency  arises  the  Army  of 
the  nation,  and  all  its  militia,  are  at  the  service  of  the  nation  to  compel  obedience  to 
its  laws. 

After  a  thorough  review  of  the  questions  involved,  the  court  thus 
concludes: 

We  have  given  to  this  case  the  most  careful  and  anxious  attention,  for  we  realize  that 
it  touches  closely  questions  of  supreme  importance  to  the  people  of  this  country.  Sum 
ming  up  our  conclusions,  we  hold  that  the  Government  of  the  United  States  is  one  hav 
ing  jurisdiction  over  every  foot  of  soil  within  its  territory  and  acting  directly  upon  each 
citizen;  that  while  it  is  a  Government  of  enumerated  powers,  it  has  within  the  limits 
of  those  powers  all  the  attributes  of  sovereignty;  that  to  it  is  committed  power  over 
interstate  commerce  and  the  transmission  of  the  mail;  that  the  powers  thus  conferred 
upon  the  National  Government  are  not  dormant,  but  have  been  assumed  and  put  into 
practical  exercise  by  the  legislation  of  Congress;  that  in  the  exercise  of  those  powers 
it  is  competent  for  the  Nation  to  remove  all  obstructions  upon  highways,  natural  or 
artificial,  to  the  passage  of  interstate  commerce  or  the  carrying  of  the  mail;  that 
while  it  may  be  competent  for  the  Government  (through  the  executive  branch  and 
in  the  use  of  the  entire  executive  power  of  the  Nation)  to  forcibly  remove  all  such 
obstructions,  it  is  equally  within  its  competency  to  appeal  to  the  civil  courts  for  an 
inquiry  and  determination  as  to  the  existence  and  character  of  any  alleged  obstruc 
tions,  and  if  such  are  found  to  exist  or  threaten  to  occur,  to  invoke  the  powers  of 
those  courts  to  remove  or  restrain  such  obstructions;  that  the  jurisdiction  of  courts 
to  interfere  in  such  matters  by  injunction  is  one  recognized  from  ancient  times  and 
by  indubitable  authority;  that  such  jurisdiction  is  not  ousted  by  the  fact  that  the 
obstructions  are  accompanied  by  or  consist  of  acts  in  themselves  violations  of  the 
criminal  law;  that  the  proceeding  by  injunction  is  of  a  civil  character  and  may  be 
enforced  by  proceedings  in  contempt;  that  such  proceedings  are  not  in  execution  of 
the  criminal  laws  of  the  land;  that  the  penalty  for  a  violation  of  injunction  is  no  sub 
stitute  for  and  no  defense  to  a  prosecution  for  any  criminal  offenses  committed  in  the 


«In  re  Debs,  Petitioner,  158  U.  S.  Reports  (October  term,  1894),  564. 


THE    CASE    OF    IN    RE    DEBS,   1895.  239 

course  of  such  violation;  that  the  complaint  filed  in  this  case  clearly  showed  an 
existing  obstruction  of  artificial  highways  for  the  passage  of  interstate  commerce  and 
transmission  of  the  mail — an  obstruction  not  only  temporarily  existing,  but  threaten 
ing  to  continue;  that  under  such  complaint  the  circuit  court  had  power  to  issue  its 
process  of  injunction;  that  it  having  been  issued  and  served  on  these  defendants,  the 
circuit  court  had  authority  to  inquire  whether  its  orders  had  been  disobeyed,  and 
when  it  found  that  they  had  been,  then  to  proceed  under  section  725,  Eevised  Stat 
utes,  which  grants  power  "to  punish,  by  fine  or  imprisonment,  *  *  *  disobedi 
ence,  by  any  party  '  or  other  person,  to  any  lawful  writ,  process, 
order,  rule,  decree,  or  command,"  and  enter  the  order  of  punishment  complained  of; 
and  finally  that  the  circuit  court  having  full  jurisdiction  in  the  premises,  its  find 
ing  of  the  fact  of  disobedience  is  not  open  to  review  on  habeas  corpus  in  this  or  any 
other  court.  (Ex  parte  Watkins,  3  Pet.,  193;  Ex  parte  Yarbrough,  110  U.  S.,  651; 
Ex  parte  Terry,  128  U.  S.,  289,  305;  In  re  Swan,  150  U.  S.,  637;  United  States  v. 
Pridgeon,  153  U.  S.,  48.) 


XII.  FROM  THE  RULING  IN  THE  DEBS  CASE  TO  THE  END  OF 
THE  FIFTY-SEVENTH  CONGRESS. 

THE   WAR    WITH    SPAIN,    1898— THE    PHILIPPINE    INSURRECTION,    1899-1901— THE    CCEUR 
D'ALENE  TROUBLES,  1899— THE  REORGANIZATION  OF  THE  ARMY,  1901— CONCLUSIONS. 


It  has  doubtless  been  observed  in  the  progress  of  this  work  that 
there  has  been  an  endeavor  to  show  at  the  same  time  the  various 
changes  in  the  condition  of  the  Army.  The  reasons  for  this  are 
obvious.  In  the  first  place,  it  is  to  be  remembered  that  the  policy  of 
our  Government  has  invariably  been  to  maintain  an  army  in  time  of 
peace  at  the  smallest  possible  strength  consonant  with  the  public 
benefit  and  interest,  and  yet  to  give  it  such  organization  as  would 
enable  it  to  expand  in  time  of  war;  secondly,  to  regard  the  militia  as 
a  posse  comitatus,  to  be  "called  out"  and  armed  and  equipped  when 
ever  the  Regular  Army  is  inadequate  "to  suppress  insurrection,  repel 
invasion,  and  to  execute  the  laws  of  the  Union."  We  have  thus  seen 
a  paper-organized  militia  giving  way  to  the  "volunteer,"  and  the  latter 
to  an  organized  militia  under  the  name  of  the  National  Guard.  The 
volunteer  had  demonstrated  his  effectiveness  for  work,  and  had  carried 
the  nation  safely  through  a  civil  war  of  a  magnitude  such  as  has  no 
parallel  in  history,  and  had  merged  in  the  body  of  the  people,  leaving 
scarcely  any  evidence  that  through  four  years  4,000,000  men,  or  more, 
had  been  withdrawn  from  peaceful  avocations,  and  had  devoted  their 
lives,  their  fortunes,  and  their  arduous  labors  to  the  pursuit  of  bitterly- 
contested  war.  To  the  volunteer  succeeded  the  National  Guard,  which, 
patterning  from  the  Regular  Army,  had  slowly  but  steadily  developed 
through  the  process  of  showy  parades  in  harlequin  uniforms,  to  solid 
bodies  of  picked  men  plainly  and  suitably  clad,  armed  with  rifles  of 
latest  pattern  which  they  knew  how  to  use,  instructed  in  modern 
methods  of  skirmishing  and  effective  fighting,  and  handled  and  fed  by 
a  trained  staff.  It  is  true  that  few  of  the  men  included  in  the  National 
Guard  of  the  States  served  more  than  the  two  or  three  years  of  enlist 
ment;  that  many  officers  were  appointed  through  political  favor,  or 
were  elected  by  the  men  on  account  of  their  congenial  natures  rather 
than  because  of  their  fitness,  and  that  many  resigned  through  caprice 
or  discontent.  Those  very  facts  inured  to  the  greater  benefit  of  the 
military  system,  on  the  principle  that  1,000,000  men  taught  in  the 
240 


THE    WAR    WITH    SPAIN,   1898.  241 

elementary  principles  of  the  soldier  are  ten  times  more  valuable  than 
100,000  who  know  it  all.  This  apparent  paradox,  which  to  the  mili 
tary  mind  is  the  purest  reason,  was  plainly  demonstrated  in  the  spring 
of  1898,  and  thus  through  experience  afforded  an  opportunity  for  an 
advancement  of  the  military  system  of  the  United  States  to  a  status 
and  effectibility  commensurate  with  the  importance  of  the  nation. 

The  joint  resolution,  approved  April  20, 1898,  demanding  that  Spain 
relinquish  its  authorit}7  and  government  in  the  island  of  Cuba  and 
withdraw  its  land  and  naval  forces  from  Cuba  and  Cuban  waters, 
authorized  the  President  to  use  the  land  and  naval  forces  of  the  United 
States  to  carry  the  resolve  into  effect.  Congress  followed  this  preg 
nant  step  by  the  passage  of  an  act,  approved  April  22, 1898,  providing 
for  the  temporary  increase  of  the  military  establishment  of  the  United 
States. 

By  this  law  the  organized  and  active  land  forces  were  declared  to 

consist  of  the  Regular  Army  and  of  the  militia  of  the  several  States 

when  called  into  service,  constituting  two  branches 

Thewair898ith8p!lin'   designated,  respectively,  as  the  Regular  Army  and 

the  Volunteer  Army  of  the  United  States.     Section  6 

provided  that— 

when  the  members  of  any  company,  troop,  battery,  battalion,  or  regiment  of  the 
organized  militia  of  any  State  shall  enlist  in  the  Volunteer  Army  in  a  body,  as  such 
company,  troop,  battery,  battalion,  or  regiment,  the  regimental  company,  troop, 
battery,  and  battalion  officers  in  service  with  the  militia  organization  thus  enlisting 
may  be  appointed  by  the  governors  of  the  States  and  Territories,  and  shall  when  so 
appointed  be  officers  of  corresponding  grades  in  the  same  organization  when  it  shall 
have  been  received  into  the  service  of  the  United  States  as  a  part  of  the  Volunteer 
Army. 

The  same  section  further  provided  that  the  President  may  authorize— 

the  Secretary  of  War  to  organize  companies,  troops,  battalions,  or  regiments,  pos 
sessing  special  qualifications,  from  the  nation  at  large,  not  to  exceed  three  thousand 
men,  under  such  rules  and  regulations,  including  the  appointment  of  the  officers 
thereof,  as  may  be  prescribed  by  the  Secretary  of  War. 

Section  7  authorized  the  recruitment  to  their  maximum  strength  of 
all  the  accepted  organizations  in  the  volunteer  force,  and  provided  for 
the  organization  of  regular  and  volunteer  troops  into  divisions  of  three 
brigades,  each  brigade  to  be  composed  of  three  or  more  regiments, 
and  authorized  the  President,  whenever  three  or  more  divisions  are 
present  in  the  same  army,  to  organize  them  into  army  corps,  each  corps 
to  consist  of  not  more  than  three  divisions.  By  section  13  not  more 
than  one  officer  of  the  Regular  Army  could  hold  a  commission  in  any 
one  of  the  regiments  of  the  Volunteer  Army  at  the  same  time. 

Finally,  by  the  act  approved  May  11,  1898,  Congress  authorized,  in 

addition  to  the  volunteer  forces  provided  by  the  act  of  April  22,  the 

organization  of  a  volunteer  brigade  of  engineers  from  the  nation  at 

large,  to  consist  of  not  more  than  three  regiments,  and  not  more  than 

S.  Doc.  209 16 


242  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

3,500  men,  possessing  the  special  qualifications  for  engineering  troops; 
the  officers  of  this  brigade  to  be  appointed  by  the  Secretary  of  War. 
The  same  act  authorized  also  the  organization  of  an  additional  volun 
teer  force,  not  exceeding  10,000  men,  possessing  immunity  from  dis 
ease  incident  to  tropical  climates,  the  officers  of  this  force  to  be 
appointed  by  the  President,  by  and  with  the  advice  of  the  Senate. 
Under  the  authority  conferred  upon  him  by  the  joint  resolution  of 
April  20  and  the  act  of  April  22,  1898,  the  President  issued  a  procla 
mation,  dated  April  23,  1898,  calling  for  volunteers  to  the  number  of 
125,000  men,  to  be  apportioned,  as  far  as  practicable,  among  the  sev 
eral  States,  Territories,  and  the  District  of  Columbia,  according  to 
population,  to  serve  for  two  years  unless  sooner  discharged.  The 
apportionment  under  this  call  aggregated  5  regiments  and  17  troops 
of  cavalry,  16  batteries  of  light  artillery,  1  regiment  and  7  batteries  of 
heavy  artillery,  and  119  regiments  and  10  battalions  of  infantry.  May 
25,  1898,  the  President  issued  a  proclamation  calling  for  an  additional 
force  of  75,000  men.  For  controlling  military  reasons  it  was  deter 
mined  to  utilize  so  much  of  this  additional  force  as  was  necessary  to 
bring  up  the  several  State  organizations  in  service  to  the  full  legal 
strength,  the  remainder  to  be  apportioned  among  the  several  States 
and  Territories  according  to  their  respective  quotas  as  nearly  as  pos 
sible.  The  apportionment  under  this  second  call  comprised  16  bat 
teries  of  light  artillery;  3  battalions  of  heavy  artillery;  and  22  regi 
ments,  10  battalions,  and  46  companies  of  infantry.  The  aggregate 
strength  of  the  Regular  and  Volunteer  armies  for  each  of  the  months 
of  May,  June,  July,  and  August  was  as  follows: 


May. 

June. 

July. 

August. 

Officers  

8,415 

9,367 

1      10,  960 

11,108 

Enlisted  men 

160  514  ' 

902  868 

257  392 

263  609 

Total 

168,929 

212  235 

268  352 

274  717 

| 

The  suspension  of  hostilities,  resulting  from  the  short  but  brilliant 
operations  of  the  army  against  Santiago,  Cuba,  leading  to  its  capture 
and  of  that  of  the  Spanish  forces  defending  the  city;  the  surrender  of 
Spanish  troops  in  Porto  Rico,  no  less  than  the  successful  operation  of 
our  troops  in  the  Philippines,  led  to  the  determination  to  muster  out 
100,000  men,  nearly  one-half  of  the  entire  volunteer  force,  and  the 
first  order  looking  to  that  end  was  issued  on  the  18th  of  August.  a 

The  muster  out  of  the  volunteer  regiments,  except  those  in  the 
Philippines,  was  commenced  September  5,  1898,  and  was  completed 
June  8,  1899.  The  withdrawal  of  the  volunteer  troops  from  the 
Philippines  was  commenced  June  14,  1899,  and  all  had  been  mustered 
out  November  23,  1899,  as  likewise  the  men  of  the  Regular  Army  who 
enlisted  for  the  war  with  Spain. 

<*  Report  of  the  Adjutant-General  of  the  Army  for  1898. 


THE    PHILIPPINE    INSUEEECTION,  1899-1902.  243 

The  expectation  of  the  War  Department  as  to  the  preparedness  of 
the  National  Guard  as  a  line  of  first  defense,  an  expectation  which  was 
based  upon  repeated  reports  from  the  State  authorities,  was  not  alto 
gether  realized. 

The  usual  maximum  per  company  of  the  organized  State  militia  did  not  exceed 
60,  and  many  were  not  maintained  at  that  number.  Of  the  number  actually  borne 
upon  company  rolls  a  portion  declined  to  volunteer  upon  reasonable  grounds.  About 
25  per  cent  were  rejected  on  physical  examination  prior  to  muster,  and  an  additional 
number  were  rejected  on  physical  reexamination  after  muster,  a  systematic  inquiry 
having  been  made  with  a  view  to  the  elimination  of  all  men  unfitted  for  military 
service,  so  that  about  30  of  the  original  company  is  a  fair  estimate  of  the  number  of 
men  previously  trained,  armed,  and  equipped  in  each  company  finally  received  into 
the  United  States  service.  The  minimum  number  per  company  required  for  muster 
in  was  77,  and  hence  in  many  instances  about  47  recruits,  mostly  untrained  and 
without  uniform  or  equipment,  were  hastily  obtained  and  physically  examined  with 
out  opportunity  to  inquire  into  their  moral  or  mental  fitness,  and  a  number  were 
found  on  the  expiration  of  muster-out  furlough  to  be  actual  residents  of  neighboring 
or  distant  States.  Deficiencies  in  numbers  from  these  causes  became  immediately 
apparent,  and  the  necessity  of  providing  in  almost  every  particular  for  the  recruits 
necessary  to  expand  State  companies  to  the  State  maximum  and  thence  to  the  mini 
mum  required  for  muster  into  the  United  States  service  at  once  developed  deficien 
cies  in  clothing,  arms,  and  equipment.  Consolidation  of  military  organizations  urged 
by  the  War  Department  to  meet  this  situation,  presenting  fewer  regiments  contain 
ing  a  greater  number  of  trained  men,  fairly  clothed,  armed,  and  equipped  was  not 
accomplished.  There  were  obtained  for  State  organizations,  mustered  in  under  the 
first  call,  about  40,000  recruits  to  approximate  to  the  maximum  authorized  by  law— 
106  per  infantry  company.  States  presented  for  muster  into  the  United  States  service 
regimental  and  battalion,  staff,  and  noncommissioned  staff  officers  unknown  to  any 
law  or  regulation  of  the  Army,  viz:  Regimental  paymasters,  regimental  inspectors  of 
rifle  practice,  regimental  commissaries  and  ordnance  officers,  regimental  signal  offi 
cers,  battalion  adjutants  and  quartermasters,  assistant  surgeons  (with  the  rank  of 
captain) ;  regimental  and  battalion  commissary,  quartermaster,  and  ordnance  sergeants, 
and  battalion  sergeant-majors,  presenting,  on  mobilization,  a  heterogeneous  army, 
unsatisfactory  not  only  from  a  military  and  economical  view,  but  because  of  dissatis 
faction  created  on  account  of  officers  performing  precisely  similar  duties  under  differ 
ent  rank  and  emoluments.  a 

The  necessity  for  an  improvement  in  the  method  of  expanding  the 
Regular  Army  in  the  event  of  unexpected  necessity,  and  which,  per 
haps,  would  have  otherwise  been  delayed  for  many  years,  became 
apparent  in  the  exigencies  growing  out  of  the  situation  in  the  Philip 
pine  Islands.  At  the  end  of  1898  the  Eighth  Army  Corps,  under  the 
command  of  Mai.  Gen.  E.  S.  Otis — 

held  possession  of  the  city  of  Manila  under  the  provisions  of  the  protocol  of  August 
12,  1898,  which  required  the  United  States  to  occupy  and  hold  that  city  pending  the 
conclusion  of  the  treaty  of  peace,  and  which  imposed  upon  the  troops  in  possession 
at  once  the  obligation  to  protect  life  and  property  within  the  city 
Philippine  insurrec-  and  to  refrain  from  infringing  upon  Spanish  territory  outside  of 
9021       the  city  limits.     In  the  performance  of  this  duty  many  annoy 
ances  were  experienced  from  the  army  of  the  Tagalogs  who  were  in  insurrection 

«  Report  of  the  Adjutant-General  of  the  Army  for  1899, 


244  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

against  the  Government  of  Spain,  and  who  had  been  collected  about  the  city  after  its 
capture  by  the  American  forces  had  become  inevitable,  under  the  promise  of  their 
leaders  that  they  should  share  in  the  plunder  of  the  inhabitants.  General  Otis  was 
ordered  to  avoid  any  conflict  with  them,  and,  strictly  complying  with  these  orders, 
he  made  every  effort  to  secure  a  peaceable  understanding. 

The  peaceable  attitude  of  the  American  forces  was  unfortunately  misconstrued  as 
indicating  weakness  and  fear  of  a  conflict.  On  the  night  of  the  4th  of  February,  1 899, 
our  forces  were  attacked  by  the  Tagalogs,  who  attempted  to  capture  the  city.  They 
were  promptly  repulsed  in  a  series  of  active  engagement*  which  extended  through 
the  night  of  the  4th,  and  the  5th,  6th,  and  10th  days  of  February.  Our  lines  were 
extended  and  established  at  a  considerable  distance  from  the  city  in  every  direction. 
On  the  22d  of  February  a  concerted  rising  of  the  Tagalogs  in  the  city  of  Manila,  of 
whom  there  are  about  200,000,  was  attempted  under  instructions  to  massacre  all  the 
Americans  and  Europeans  in  the  city.  This  attempt  was  promptly  suppressed  and 
the  city  was  placed  under  strict  control.  The  troops  composing  the  Eighth  Army 
Corps  under  General  Otis's  command  at  that  time  were  of  regulars  171  officers  and 
5,201  enlisted  men,  and  of  volunteers  667  officers  and  14,831  enlisted  men,  making  an 
aggregate  of  838  officers  and  20,032  enlisted  men.  All  of  the  volunteers  and 
1,650  of  the  regulars  were,  or  were  about  to  become,  entitled  to  their  discharge, 
and  their  right  was  perfected  by  the  exchange  of  ratifications  of  the  treaty  on 
the  llth  of  April.  The  total  force  which  Major-General  Otis  was  thus  entitled  to 
command  for  any  considerable  period  consisted  of  only  171  officers  and  3,551  enlisted 
men.  The  numbers  of  the  Eighth  Army  Corps  above  stated  give  the  entire  numer 
ical  strength  of  all  troops  present  in  the  islands,  including  those  at  Cavite  and  lloilo, 
the  sick  and  wounded,  those  serving  in  the  civil  departments  and  in  the  staff  organ 
izations,  and,  deducting  these,  the  effective  men  of  the  line,  officers  and  soldiers,  were 
about  14,000.  Of  these  3,000  constituted  a  provost  guard  necessary  to  preserve  order 
within  Manila  and  prevent  the  known  intention  of  the  secret  hostile  organizations  in 
that  city  to  burn  and  sack  the  city  when  our  troops  were  engaged  on  the  lines  of 
defense.  Including,  therefore,  all  the  troops  who  were  entitled  to  be  discharged 
there  were  not  more  than  11,000  officers  and  men  available  to  engage  the  insurgent 
army  which  was  two  or  three  times  that  number,  well  armed  and  equipped,  and 
included  many  of  the  native  troops  formerly  comprised  in  the  Spanish  army,  and  to 
occupy  and  hold  positions  in  a  comparatively  unknown  country,  densely  populated 
by  inhabitants  speaking,  in  the  main,  an  unknown  language.  The  months  of  the  most 
intense  heat,  followed  by  the  very  severe  rainy  season  of  that  climate,  wrere  immedi 
ately  approaching,  and  for  any  effective  occupation  of  the  country  it  was  necessary 
to  await  both  the  close  of  the  rainy  season  and  the  supply  of  new  troops  to  take  the 
place  of  those  about  to  be  discharged.  Practically  all  the  volunteers  who  were  then 
in  the  Philippines  consented  to  forego  the  just  expectation  of  an  immediate  return  to 
their  homes,  and  to  remain  in  the  field  until  their  places  could  be  supplied  by  new 
troops.  They  voluntarily  subjected  themselves  to  the  dangers  and  casualties  of 
numerous  engagements  arid  to  the  very  great  hardships  of  the  climate.  They  exhib 
ited  fortitude  and  courage,  and  are  entitled  to  high  commendation  for  their  patriotic 
spirit  and  soldierly  conduct.  The  operations  of  the  period  extending  from  February 
to  the  31st  day  of  August,  the  date  of  the  annual  report  of  General  Otis  as  commander 
of  the  Department  of  the  Pacific,  were  marked  by  a  steady  maintenance  and  strength 
ening  of  the  position  occupied  by  our  forces,  a  gradual  extension  of  our  lines,  a  res 
toration  of  security  and  confidence  in  the  city  of  Manila,  numerous  sharp  engage 
ments  in  the  field  marked  by  unbroken  success,  and  many  instances  of  very  gratify 
ing  conduct  on  the  part  of  both  officers  and  men.  It  is  probable  that  at  any  time  a 
column  of  troops  could  have  been  sent  anywhere  on  the  island  of  Luzon  as  against 
any  armed  resistance  which  the  insurgents  could  have  offered  after  the  demoraliza 
tion  in  their  ranks,  resulting  from  the  severe  defeats  inflicted  upon  them  in  Febru- 


THE    PHILIPPINE    INSURRECTION,   1899—1902.  245 

ary;  but  there  were  not  the  troops  necessary  to  garrison  the  towns  or  to  maintain 
any  far-extended  lines  of  communication.  No  attempt  was  accordingly  made  to 
occupy  the  country,  except  in  the  vicinity  of  Manila  and  at  such  points  as  were 
important  for  the  protection  of  our  lines.  Such  movements  as  passed  beyond  this 
territory  were  designed  primarily  to  break  up  threatening  concentrations  of  insurgent 
troops  and  prevent  undue  annoyance  to  the  positions  which  we  occupied.  « 

To  take  the  place  of  the  volunteers,  who  under  the  law  were  required  to  be 
returned  to  the  United  States  and  mustered  out,  the  President,  under  the  provisions 
of  the  act  of  March  2,  1899,  authorized  the  organization  of  ten  regiments  of  volun 
teers,  to  be  designated  as  the  Twenty-sixth,  Twrenty-seventh,  Twenty-eighth,  Twenty- 
ninth,  Thirtieth,  Thirty-first,  Thirty-second,  Thirty-third,  Thirty-fourth,  and  Thirty- 
fifth  regiments  of  infantry,  II.  S.  Volunteers;  on  July  18,  1899,  of  two  regiments  of 
volunteers,  to  be  known  as  the  Thirty-sixth  and  Thirty-seventh  regiments  of  infantry, 
II.  S.  Volunteers,  to  be  recruited  and  organized  in  the  Philippine  Islands;  on  August 
10,  1899,  of  u  regiment  of  cavalry  to  be  known  as  the  Eleventh  Eegiment  of  Cavalry, 
U.  S.  Volunteers;  on  August  17,  1899,  of  ten  additional  regiments  of  volunteer 
infantry  to  be  known  as  the  Thirty-eighth,  Thirty-ninth,  Fortieth,  Forty-first,  Forty- 
second,  Forty-third,  Forty-fourth,  Forty-fifth,  Forty-sixth,  and  Forty-seventh  regi 
ments  of  infantry,  V.  S.  Volunteers;  and  on  September  2,  1899,  of  two  additional  regi 
ments  to  be  designated  as  the  Forty-eighth  and  Forty-ninth  regiments  of  infantry,  U. 
S.  Volunteers.  Of  the  two  latter  regiments,  the  enlisted  men  and  company  officers 
(captains  and  lieutenants)  to  be  colored;  the  field  officers  to  be  appointed  from  the 
commissioned  officers  of  the  Eegular  Army.  The  captains  and  lieutenants  were 
selected  with  much  care  from  among  the  noncommissioned  officers  of  the  colored 
regiments  of  the  Regular  Army,  those  having  distinguished  themselves  in  battle  in 
the  Santiago  campaign  being  given  preference.  After  this  class  had  been  given 
recognition,  men  having  had  service  in  the  Spanish- American  war  were  considered, 
and  an  equal  number  from  each  organization  of  colored  volunteers  serving  in  the 
Spanish-American  war  was  selected.  It  is  believed  that  the  best-equipped  men  of 
our  colored  citizens  were  commissioned  in  these  regiments,  many  of  them  having 
given  evidence  of  fitness  by  long  service  in  the  Regular  Army  and  excellent  conduct 
in  battle.  '> 

As  has  been  stated,  this  volunteer  force,  which  was  raised  under 
the  provisions  of  the  act  of  March  2,  1899,  by  the  terms  of  that  act 
was  to  continue  in  service  not  later  than  July  1,  1901.  It  was  accord 
ingly  brought  back  from  the  Philippines,  where  it  was  substantially 
all  stationed,  between  the  1st  of  January  and  the  30th  of  June,  1901, 
to  San  Francisco,  where  it  was  mustered  out. 

"It  is  very  gratifying  to  note,"  says  the  Adjutant-General  in  his 
Annual  Report  for  1901,  "  from  the  reports  made  that  the  discipline 
of  the  volunteers  while  in  camp  was  so  uniformly  good  as  to  call  for 
little  criticism,  fully  justifying  in  that  respect  the  wisdom  of  the 
method  adopted  of  organizing  them  and  of  selecting  the  senior  officers 
from  the  regular  establishment.  These  officers  were  in  every  instance 
selected  for  purely  military  reasons.  The  line  officers  were  selected 
on  their  efficiency  records  as  volunteer  officers.  All  in  all,  the 
Government  has  never  had  more  satisfactory  troops  than  these 

«  Report  of  the  Secretary  of  War  for  1899. 

&  Report  of  the  Adjutant-General  of  the  Army  for  1899. 


246  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

volunteers,  and  these  troops  are  entitled  to  the  gratitude  of  the  people 
and  the  Government. "  a 

In  view  of  the  provisions  of  the  act  of  March  2,  1899,  requiring 
the  muster  out  of  the  United  States  Volunteers  not  later  than  July  1, 
1901,  and  of  the  utter  inadequacy  of  the  Regular  Army  after  that  date 
to  meet  existing  conditions,  Congress,  by  the  act  of  February  2, 1901, 
authorized  its  increase,  on  the  basis  of  a  three-battalion  organization, 
to  15  regiments  of  cavalry,  1  corps  of  artillery,  and  30  regiments  of 
infantry,  together  with  a  suitable  increase  in  the  several  staff  depart 
ments.  The  artillery  corps  (substituted  for  the  existing  regimental 
organizations  of  the  artillery  arm  of  the  Army)  to  comprise  two 
branches — the  coast  artillery  and  the  field  artillery;  the  chief  of  that 
corps,  selected  from  the  colonels  of  artillery,  to  serve  on  the  staff  of 
the  Lieutenant-General  Commanding.  The  coast  artillery  to  consist 
of  126  companies  and  the  field  artillery  of  30  batteries,  the  aggregate 
number  of  enlisted  men  not  to  exceed  18,920,  exclusive  of  electrician 
sergeants,  and  the  increase  provided  for  the  artillery  to  be  made  as 
follows:  Not  less  than  20  per  cent  before  July  1,  1901,  and  not  less 
than  20  per  cent  in  each  succeeding  year  until  the  entire  number  shall 
have  been  attained.  Section  30  of  the  act  above  quoted  authorizes  the 
President  to  maintain  the  enlisted  force  of  the  several  organizations  of 
the  Army  at  their  maximum  strength  during  the  present  exigencies 
of  the  service,  or  until  such  time  as  Congress  ma}T  otherwise  direct.6 

The  disturbances  in  the  Cceur  d'Alene  district  of  Shoshone  County, 
Idaho,  in  April,  1899,  growing  out  of  troubles  between  the  miners' 
unions  and  the  mine  owners,  came  into  unusual  public  prominence 
through  a  Congressional  investigation  made  the  following  year,  and 
while  not  important  in  itself  became  so  through  charges  against  the 
conduct  of  the  United  States  troops  in  arresting,  at  the  instance  of  the 
governor  of  Idaho,  and  holding  as  prisoners,  parties  implicated  in  the 
disturbances.  The  mines  of  the  Cceur  d'Alene  are  in  Shoshone  County, 
Idaho,  and  lie  near  the  northern  end  of  the  Pan  Handle  of  the  State. 
The  principal  towns  of  the  county  are  Murray,  Wallace,  Burke,  Gem, 

The  cceur  d'Alene  Mullan>  Kellogg,  and  Wardner.     They  are  principally 

^abor  troubles,      miners'  camps,  and  are  strung  along  the  base  of  the 

Cceur  d'Alene  and  Bitter  Root  mountains,  which  bound 

the  region  on  the  north.     In  some  of  the  towns  there  is  only  room  for 

a  single  narrow  street  between  the  mountains  and  the  deep  canyon  of 

the  river.     The  Northern  Pacific  and  Oregon  llailway  and  Navigation 

Company's  railroad  furnishes  the  natural  and  easy  ingress  and  egress 

from  said  district;  the  only  other  approach  or  escape  is  over  rough 

and  almost  impassable  mountain  trails,  which  in  winter  are  filled  in 

places  with  snow  to  a  depth  of  20  or  25  feet.     It  is  one  of  the  richest 

«  Annual  reports  of  the  War  Department  for  1901,  vol.  1,  part  2,  p.  20. 
&  Annual  Report  of  the  Adjutant-General  of  the  Army  for  1901. 


THE  CCEUR  D'ALENE  LABOR  TROUBLES,  APRIL-MAY,  1899.      247 

lead-mining  regions  in  the  world,  the  ore  carrying  considerable  silver, 
and  the  annual  output  of  ore  amounting  to  over  $5,000,000.  By 
reason  of  the  mountainous  condition  of  the  country,  Shoshone  County 
is  practically  cut  off  from  the  rest  of  the  State.  The  population  of 
the  county  of  Shoshone  is  about  10,000,  the  greater  portion  of  which 
is  engaged  in  mining.  Owing  to  differences  between  the  miners  and 
the  owners,  and  the  difficulties  of  easy  communication,  Shoshone 
County  had  been  in  a  state  of  insurrection  since  1892,  and  during  that 
time  the  courts  had  not  been  in  the  free  and  unobstructed  exercise  of 
their  functions  and  justice  had  not  been  administered. 

On  the  29th  of  April,  1899,  and  for  some  time  prior  thereto,  the 
miners1  unions  at  Mullan,  Burke,  Gem,  and  Wardner,  constituting  a 
large  part  of  the  mining  community  of  the  Cceur  d'Alene,  held  secret 
and  largely  attended  meetings  at  their  halls  and  distributed  firearms 
and  ammunition.  The  Burke  union,  about  200  strong,  seized  a 
Northern  Pacific  train  and  proceeded  to  Gem,  where  from  150  to  200 
members  of  the  Gem  union  joined  them,  seized  some  80  kegs  of  pow 
der  belonging  to  the  Helena-Frisco  Mining  Company,  then  proceeded 
to  Wallace,  where  they  were  joined  by  the  Mullan  union,  about  200 
strong,  which  had  marched  over  from  Mullan  to  Wallace  in  time  to 
intercept  said  train,  obtaining  numerous  firearms  which  had  been  con 
cealed  along  the  roadside,  and  then  proceeded  to  Wardner,  where  they 
destroyed  property  aggregating  $250,000  and  murdered  two  men  and 
wounded  a  third.  This  was  accomplished  with  military  precision, 
under  direct  command  of  leaders  and  without  delay,  from  which  fact 
and  from  the  evidence  adduced  at  one  of  the  trials  drawing  thereout 
there  seems  little  doubt  that  there  existed  at  that  time  in  the  mining 
district  of  Cceur  d'Alene  a  widespread,  deep-seated,  and  thoroughly- 
organized  conspiracy." 

Immediately  on  being  advised  of  the  above  occurrences  the  governor 
of  Idaho  sent  the  President  the  following  message: 

BOISE,  IDAHO,  April  29,  1899. 
The  PRESIDENT,  Washington,  D.  C.  : 

In  pursuance  to  the  statute  in  such  case  made  and  provided,  I,  Frank  Steunen- 
berg,  governor  of  Idaho,  the  legislature  not  being  in  session  and  it  not  being  possible 
to  convene  it,  do  hereby  apply  to  the  President  of  the  United  States  to  call  forth  the 
military  forces  of  the  United  States  to  suppress  insurrection  in  Shoshone  County, 
State  of  Idaho.  This  action  is  sustained  in  the  fact  that  all  the  available  Idaho 
National  Guard  volunteered  for  service  in  the  Philippines,  and  said  county  is  in  a 
state  of  insurrection.  I  am  of  the  opinion  that  at  least  500  troops  in  the  aggregate 
will  be  necessary,  but  smaller  detachments  should  be  ordered  in  as  rapidly  as 
possible. 

FRANK  STEUNENBERG, 

Governor. 


«H.  R.  Report  No.  1999,  Fifty-sixth  Congress,  first  session;  Idaho  State  Tribune, 
Wallace,  Idaho,  May  3,  1899. 


248  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

The  President,  on  receipt  of  the  telegram,  directed  the  Secretary  of 
War  to  aid  the  governor  of  Idaho  as  requested,  and  under  date  of 
April  30,  1899,  the  following  telegrams  were  sent  to  the  commanding 
general,  Department  of  the  Columbia,  in  whose  geographical  limits 
the  State  of  Idaho  is  located,  and  to  the  governor  of  Idaho: 

ADJUTANT-GENERAL'S  OFFICE, 

Washington,  A/trU  30,  1S99. 
COMMANDING  GENERAL,  DEPARTMENTS  CALIFORNIA  AND  COLUMBIA, 

San  Francisco,  CaL: 

General  Merriain  has  been  ordered  to  Idaho  in  connection  with  insurrection  in 
that  State  reported  by  governor  to  be  beyond  power  of  State  to  control.  General 
Merriam  has  been  authorized  to  call  to  his  assistance  such  troops  as  may  be  most 
convenient  without  regard  to  department  lines.  Acting  Secretary  of  War  directs 
you  send  commanding  officers  of  posts  under  your  command  to  hold  their  troops  in 
readiness  to  respond  promptly  to  his  calls. 
By  command  of  Major-General  Miles: 

H.  C.  CORBIN, 
A  djutant-  Genera  L 

ADJUTANT-GENERAL'S  OFFICE, 

Washington,  April  30,  1899. 
The  GOVERNOR  OF  IDAHO,  Boise,  Idaho: 

In  compliance  with  your  telegram  of  April  29,  concerning  insurrection  in  Shoshone 
County  of  your  State,  the  President  has  directed  that  request  be  complied  with,  and 
following  instructions  have  been  sent  to  General  Merriam,  at  Denver,  Colo.:  "The 
governor  of  Idaho  reports  an  insurrection,  beyond  the  power  of  the  State  to  control, 
existing  in  Shoshone  County  of  that  State.  The  Acting  Secretary  of  War  directs 
that  you  repair  at  once  to  the  capital  of  that  State,  and  after  conference  with  the 
authorities  thence  you  go  to  the  seat  of  action,  calling  to  your  aid  such  troops  as 
may  be  most  convenient,  regardless  of  department  lines.  Department  commanders 
will  be  notified.  You  will  take  with  you  the  necessary  staff  officers.  The  travel  's 
necessary  to  the  public  service." 

H.  C.  CORBIN, 
A  djuta  n  t-  Gei  leral. 

In  accordance  with  this  order,  General  Merriain  proceeded  to  the 
State  of  Idaho,  conferred  with  the  governor,  ordered  the  United 
States  troops  stationed  at  Boise,  Walla  Walla,  Vancouver,  Harrison, 
Assinniboine,  Russell,  and  Douglas  to  go  to  Wardner,  Shoshone 
Count}7,  Idaho,  and  went  there  at  once  himself.  Upon  his  arrival  at 
Wardner  he  stationed  his  troops  to  control  outlets  from  the  mining 
camps  and  scrutinized  outward  travel  with  a  view  to  detaining  rioters. 
On  the  3d  of  May,  1899,  the  governor  of  Idaho  declared  the  county  of 
Shoshone  in  a  state  of  insurrection  and  rebellion,  and  asked  General 
Merriam  to  have  all  trains  stopped  and  suspicious  persons  returned, 
as  will  be  seen  by  the  following  proclamation  and  telegram : 

STATE  OF  IDAHO,  EXECUTIVE  OFFICE. 

Whereas,  it  appearing  to  my  satisfaction  that  the  execution  of  process  is  frustrated 
and  defied  in  Shoshone  County,  State  of  Idaho,  by  bodies  of  men  and  others,  and 
that  combinations  of  armed  men,  to  resist  the  execution  of  process  and  to  commit 
deeds  of  violence,  exist  in  said  county  of  Shoshone;  and 


THE  COEUR  D'ALENE  LABOR  TROUBLES,  APRIL-MAY,  1899.      249 

Whereas,  the  civil  authorities  of  said  county  of  Shoshone  do  not  appear  to  be 
able  to  control  such  bodies  of  men  or  prevent  the  destruction  of  property  and  other 
acts  of  violence;  and 

Whereas,  on  Saturday,  the  29th  day  of  April,  1899,  at  or  near  the  town  of  Wardner 
Junction,  in  said  county  of  Shoshone,  State  of  Idaho,  an  armed  mob  did  then  and 
there  wantonly  destroy  property  of  great  value,  with  attendant  loss  of  life;  and 

Whereas,  said  destruction  of  property,  with  attendant  loss  of  life  by  mob  violence 
(as  above  set  forth),  is  but  one  and  a  repetition  of  a  series  of  similar  outrages  covering 
a  period  of  six  years  or  more  just  passed,  the  perpetrators  of  said  outrages  seeming  to 
enjoy  immunity  from  arrest  and  punishment  through  subserviency  of  peace  officers 
of  said  county  of  Shoshone  (or  through  fear  on  the  part  of  said  officers)  to  such 
bodies  of  lawless  and  armed  men;  and 

Whereas,  I  have  reason  to  believe  that  similar  outrages  may  occur  at  any  time,  and 
believing  the  civil  authorities  of  said  county  of  Shoshone  are  entirely  unable  to  pre 
serve  order  and  protect  property: 

Now,  therefore,  I,  Frank  Steunenberg,  governor  of  the  State  of  Idaho,  by  virtue  of 
authority  in  me  vested,  do  hereby  proclaim  and  declare  the  said  county  of  Shoshone, 
in  the  State  of  Idaho,  to  be  in  a  state  of  insurrection  and  rebellion.  In  testimony 
whereof,  I  have  hereunto  set  my  hand  and  caused  to  be  affixed  the  great  seal  of  the 
State.  Done  at  the  city  of  Boise,  the  capital  of  the  State  of  Idaho,  this  3d  day  of 
May,  in  the  year  of  our  Lord  1899,  and  of  the  Independence  of  the  United  States  the 
one  hundred  and  twenty-third. 

[SEAL.]  FRANK  STEUNENHEKG. 

By  the  governor: 

M.  PATRIE,  Secretary  of  State. 

BOISE,  IDAHO,  May  3. 
General  MERRIAM,  Tekoa: 

My  representative  informs  me  that  rioters  are  fleeing  toward  Spokane.  Have  all 
trains  stopped  and  suspicious  persons  returned.  Martial  law  declared. 

FRANK  STEUNENBERG. 

On  receipt  of  this  information  General  Merriain  informed  the  offi 
cers  commanding-  at  Wardner  and  Mullan  that  martial  law  had  been 
declared  in  Shoshone  County,  and  to  arrest  all  persons  attempting-  to 
leave  the  mining-  region  of  Cceur  d'Alene  unless  fully  satisfied  that 
they  were  not  implicated  in  the  riots.  On  his  arrival  at  Wardner  he 
found  that  the  two  avenues  of  escape,  via  Mullan  and  Wardner, 
although  occupied  by  troops,  were  riot  to  be  relied  upon  solely,  and 
that  escaping-  criminals  were  passing-  over  the  divide  into  Montana 
through  the  snow  on  foot,  and  that  some  had  alread3T  arrived  at 
Missoula  and  others  at  Thompsons  Falls,  on  the  Northern  Pacific  Rail 
road.  Correspondence  by  wire  was  immediately  opened  by  the  rep 
resentative  of  the  governor  of  Idaho  with  the  governor  of  Montana, 
looking  to  the  arrest  of  fugitives  in  Montana,  which  resulted  in 
assurances  that  civil  officers  of  the  latter  State  would  assist  in  arrest 
ing  and  restoring  these  fugitives  to  the  State  of  Idaho. 

In  the  narration  of  earlier  disturbances  in  which  United  States  troops 
were  called  into  service  to  assist  State  authorities,  and  as  has  been  stated 
in  the  introductory  chapter  of  this  work,  it  will  be  remembered  that 
the  procedure  following  a  proper  and  formal  application  to  the  Presi- 


250  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

dent  and  a  decision  upon  his  part  that  the  case  is  one  in  which  the 
Government  of  the  United  States  is  bound  to  interfere,  and  obedient 
to  section  5300,  Revised  Statutes,  a  proclamation  was  issued  by  the 
President  reciting  the  situation  and  the  law  and  commanding  the  insur 
gents  to  disperse  and  retire  peaceably  to  their  respective  abodes  within 
a  specified  time.  Following  this  rule  a  proclamation  was  duly  prepared 
in  the  office  of  the  Adjutant-General  of  the  Army,  but  before  promul 
gating  it  General  Merriam  was  called  upon  by  telegraph,  for  the  infor 
mation  of  the  President,  for  his  opinion  "if  the  situation  is  such  as  to 
require  issuance  of  proclamation  as  required  by  section  5300,  Revised 
Statutes."  To  this  General  Merriam  replied  on  May  4  that  "  there  is 
now  no  sign  of  organized  resistance,"  but  that  indications  are  that  most 
of  .the  leaders  of  the  mob  have  escaped,  going  east  or  west  into  Mon 
tana  or  Washington;  that  ©thers  are  hidden  in  the  mountains,  and  that 
troops  are  in  position  to  do  all  that  is  possible.  The  governor  of  Idaho 
had  duly  proclaimed  martial  law  and  the  circumstances  did  not  require 
any  such  step  on  the  part  of  the  President. a  It  is  to  be  remarked  in 
this  connection  that  at  the  time  these  troubles  occurred  Governor 
Steunenberg  was  sick  and  in  the  hospital,  although  not  incapacitated 
from  exercising  his  functions  as  chief  executive,  but  in  order  to  inform 
himself  of  the  situation  he  dispatched  Mr.  Bartlett  Sinclair,  then  auditor 
of  the  State,  to  the  scene  of  trouble,  and  on  the  1st  of  May  Mr.  Sinclair 
had  telegraphed  the  governor  as  follows: 

WARDNER,  May  1,  1899. 
FRANK  STEUNENBERG,  Governor: 

Have  thoroughly  investigated  advisability  of  declaring  martial  law,  and  fully  nine- 
tenths,  if  not  more,  of  citizens  favor  it.  I  recommend  that  course  for  the  entire 
county.  The  present  county  administration  is  a  perfect  farce.  There  is  only  one 
organized  town  in  the  county.  All  other  settlements  are  directly  under  county  mal 
administration.  Successful  prosecution  of  the  rioters  is  impossible  without  presence 
of  the  troops.  People  are  afraid  to  testify  without  Federal  or  State  protection. 
Masked  men  are  prowling  about  town  to-night  and  the  people  are  frightened. 

BARTLETT  SINCLAIR. 

The  situation,  therefore,  was  apparently  not  such  as  required  the 
issuance  of  the  proclamation  provided  for  in  section  5300  of  the 
Revised  Statutes. 

On  the  5th,  General  Merriam  telegraphed  that  350  arrests  had  been 
made  so  far;  that  the  prisoners  were  guarded  by  troops,  and  that  the 
State  officers  were  investigating  the  situation.  The  arrests  of  men 
suspected  of  complicity  in  the  crimes  of  April  29,  which  began  at 
once  on  the  arrival  of  the  troops,  were  continued  daily  in  the  different 
mining  camps  by  deputies  under  escorts  of  troops.  As  they  were 
brought  in  to  Wardner  they  were  placed  in  a  large  building  two 
stories  high,  which  had  been  constructed  and  used  as  a  warehouse  for 

«II.  II.  Report  No.  1999,  Fifty-sixth  Congress,  first  session,  p.  1]. 


THE  CCEUR  D'ALENE  LABOR  TROUBLES,  APRIL-MAY,  1899.     251 

storage  of  hay  and  grain  and  other  articles  by  a  merchant.  It  was  a 
good  building  for  the  purpose  in  every  way,  except  that  it  had  no 
provision  for  fires  and  was  of  course  without  furniture,  so  that  camp 
fires  outside  were  resorted  to  and  the  prisoners  were  compelled  to 
sleep  on  the  floors,  but  had  an  abundant  supply  of  hay  to  lie  upon. 
The  prisoners  were  also  fed  at  the  expense  of  the  State  by  an  experi 
enced  caterer,  who  had  managed  a  large  miners'  boarding  house  and 
had  both  the  necessary  means  and  experience  for  that  purpose.  After 
about  May  5  the  number  of  prisoners  exceeded  the  capacity  of  the 
building,  and  it  became  necessary  to  hold  perhaps  200  of  them  quar 
tered  in  box  cars,  side  tracked  near  Wardner  station.  Although 
abundance  of  hay  was  furnished  here  also,  it  is  probable  the  men  so 
confined  were  less  comfortable  than  those  in  the  warehouse,  yet  they 
were  not  obliged  to  sleep  on  the  ground,  as  did  the  troops  who  were 
guarding  them.  Meanwhile  the  State  authorities  had  begun  the  con 
struction  of  a  new  prison,  and  were  pushing  forward  the  work  with 
energy  among  many  difficulties.  However,  General  Merriam  became 
dissatisfied  with  the  apparently  slow  progress  being  made  for  the  com 
fort  of  the  prisoners,  and  on  May  11  sent  the  following  telegram  to 
Governor  Steunenberg: 

WARDNER,  May  11,  1899. 
Governor  STEUNENBERG,  Boise,  Idaho: 

I  am  still  holding  nearly  500  prisoners  in  a  barn  and  box  cars.  All  are  very  uncom 
fortable  and  with  unsanitary  conditions  which  will  soon  become  intolerable.  Some 
thing  must  be  done  to  hurry  preliminary  examination  and  release  of  those  not  prima 
facie  guilty.  It  is  impracticable  to  make  this  large  number  of  prisoners  reasonably 
comfortable  here  without  considerable  time  and  expense.  Can  you  not  personally 
inspect  the  situation  at  once  and  bring  help? 

MERRIAM, 
Brigadier-General,  a 

In  response  to  this  telegram  Governor  Steunenberg  proceeded  at 
once  to  Wardner,  where  he  arrived  on  the  12th,  and  from  that  moment 
assumed  charge  of  the  situation. 

During  the  progress  of  making  arrests  at  the  instance  of  the  State 
authorities  General  Merriam  was  informed  by  Mr.  Sinclair  that  he 
had  served  notice  upon  all  the  mine  owners  of  the  district,  by  which, 
during  the  continuance  of  martial  law,  they  were  forbidden  to  employ 
miners  unless  the}^  were  able  to  present  permits  from  the  State 
authorities  and  presented  to  him  a  draft  of  a  proclamation  to  that  end, 
at  the  same  time  requesting  General  Merriam  to  join  in  said  procla 
mation.  General  Merriam  authorized  his  name  to  be  printed  at  the 
bottom  of  the  poster  under  the  words  " Examined  and  approved,"  on 
condition  that  a  certain  amendment  by  which  an  innocent  member  of 
an  innocent  union  might  receive  the  State  permit  and  retain  his 
employment  was  inserted,  and  such  posters  were  printed  and  sent  out. 


« Report  of  General  Merriam,  dated  July  31,  1899  (pamphlet). 


252  FEDEBAL   AID   IN    DOMESTIC   DISTURBANCES. 

It  was  not  intended  that  the  troops  should  assume  any  part  whatever 
in  carrying  into  effect  these  or  any  other  rules  affecting  laborers  or 
labor  in  the  State  of  Idaho,  nor  did  they  do  so  in  the  remotest  degree. 
There  were  no  disturbances  whatever  after  the  arrival  of  the  troops. 
The  total  number  of  men  arrested  and  held  in  military  custody  exceeded 
700,  but  many  of  those  were  almost  immediately  released  on  investiga 
tion,  so  that  the  number  remaining  in  custody  long  enough  to  make  a 
statistical  record  was  528.  Of  the  number  arrested  330  were  citizens 
of  the  United  States  and  396  foreign  born,  of  which  latter  number 
only  one-half,  or  198,  had  taken  out  citizenship  papers. 

The  coroner's  jury  began  its  examination  into  the  circumstances  of 
the  murder  of  the  two  men  on  April  29,  on  the  3d  of  May,  and  con 
tinued  its  sessions  for  several  weeks,  examining  hundreds  of  witnesses. 
A  special  term  of  the  court  was  called  for  the  purpose  of  bringing  to 
light  those  who  were  engaged  in  the  riot.  The  count}^  commissioners 
and  sheriff  were  impeached  and  removed  from  office  by  decree  of  the 
court  for  misconduct  in  office,  and  particularly  in  encouraging  and 
conniving  at  the  crime  of  April  29.  A  grand  jury  was  afterwards 
called  and  a  number  of  parties  were  indicted  for  murder,  among  others 
Paul  Corcoran,  one  of  the  prominent  officials  of  the  union.  A  great 
many  of  the  prominent  officials  of  the  union  immediately  fled  and  were 
not  intercepted.  Corcoran  was  brought  to  trial,  and  the  trial  resulted 
in  a  conviction  of  murder  in  the  second  degree,  and  he  was  sentenced 
to  a  term  in  the  State  penitentiary.  The  troops  were  withdrawn  from 
the  custody  of  the  prisoners  on  October  20,  but  remained  in  camp, 
holding  themselves  in  readiness  to  meet  any  emergency  that  might 
arise. 

On  the  8th  day  of  December,  1899,  Mr.  Lentz  (Ohio)  introduced 
House  Resolution  No.  31,  to  provide  a  committee  to  investigate  the 
conduct  of  the  United  States  Army  and  its  officers  in  Idaho,  which,  as 
amended,  was  adopted  January  8, 1900.  This  committee  held  frequent 
sessions,  examining  a  multitude  of  witnesses,  including  all  parties  con 
cerned,  representatives  from  the  labor  unions,  the  officials  of  the  State 
of  Idaho,  General  Merriam  and  his  officers,  and  on  June  5, 1900,  pre 
sented  its  report,  to  the  following  effect: 

First.  The  governor  of  Idaho,  in  his  efforts  to  establish  order  and  enforce  the 
laws  of  the  State,  is  to  be  commended  for  his  courage  arid  fearlessness.  The  blind 
hatred  excited  by  the  mob,  the  consequent  disturbance  of  public  business,  and  the 
reign  of  lawlessness  is  in  a  fair  way  to  be  adjusted.  The  citizens  of  Idaho  are  to  be 
congratulated  on  the  removal  of  a  dangerous  cancer  that  had  long  threatened  the 
peace  and  order  of  the  State.  Better  ideas  prevail  as  to  the  rights  and  duties  of 
men  in  relation  to  the  preservation  of  society,  and  this  improved  condition  of  affairs 
is  in  a  great  measure  due  to  the  conduct  of  the  governor  of  that  State. 

Second.  The  conduct  of  the  military  in  the  trying  hours  from  May  2  to  the  pres 
ent  amid  the  disturbing  elements  of  the  Cceur  d'Alenes,  when  fierce  passion  flamed 
unchecked,  when  no  hand  was  raised  to  stay  the  dynamiter  and  the  murderer,  where 
the  mob  had  been  supreme,  is  a  matter  of  earnest  congratulation  to  the  country — 


THE    REORGANIZED    ARMY,   1901.  253 

and  recommended  the  adoption  of  the  following  resolution: 

Resolved,  That  the  charges  set  forth  in  House  resolution  No.  31  have  not  been 
sustained. 

A  minority  report  was  also  submitted,  recommending  the  adoption 
of  the  following  resolution : 

Resolved  by  the  House  of  Representatives,  That  the  conduct  of  the  President  and  of 
the  military  forces  of  the  United  States  in  Shoshone  County,  Idaho,  has  been  rep 
rehensible,  violative  of  the  liberty  of  the  citizen,  and  totally  unwarranted  by  the 
laws  and  Constitution  of  the  United  States. 

Congress,  however,  adjourned  June  7,  1900,  without  taking  action, 
and  the  subject  was  not  renewed  during  the  following  session,  and  the 
Fifty-sixth  Congress  adjourned  without  action.  a 

The  situation  with  regard  to  the  military  system  of  the  United  States 
at  the  end  of  1901  was  concisely  expressed  in  the  report  of  the  Secre 
tary  of  War  of  November  27.  He  said: 

The  act  of  February  2,  1901,  entitled  "An  act  to  increase  the  efficiency  of  the 
permanent  military  establishment  of  the  United  States,"  provided  for  an  increase  of 
line  organizations  from  25  regiments  of  infantry  to  30,  from  10  regiments  of  cavalry 
to  15,  from  7  regiments  of  artillery,  including  16  field  batteries,  to  a  corps  of  artillery, 
practically  equivalent  to  13  regiments  under  the  old  organization,  and  including  30 
field  batteries,  and  from  1  battalion  of  engineers  to  3.  Minimum  and  maximum 
numbers  of  enlisted  men  for  the  different  organizations  were  established  by  the  same 

statute,  so  that  the  total  number  of  enlisted  men  might  be  varied 
reorganized  Army,  by  the  President,  according  to  the  exigencies  of  the  time,  from  a 

minimum  of  59,131  to  a  maximum  of  100,000,  without  any  change 
of  commissioned  officers  or  in  the  number  of  organizations.  The  improvement  of 
conditions  in  the  Philippines  during  the  spring  and  summer  of  this  year  made  it 
unnecessary  to  provide  the  maximum  number  allowed  by  the  law,  and  on  the  8th 
of  May  an  order  was  made  fixing  the  enlisted  strength  of  the  several  organizations 
in  such  a  manner  as  to  establish  the  aggregate  enlisted  strength  of  the  Army,  includ 
ing  staff  departments  but  exclusive  of  hospital  corps  men,  at  77,287,  composed  as 
follows: 

Cavalry 15,  840 

Artillery : 

Coast 13,  734 

Field 4,  800 

Noncommissioned  staff  and  band 328 

-  18,862 

Infantry 38,  520 

Engineer  battalions  and  band 1,  282 

Enlisted  men,  staff  departments,  etc 2,  783 


Total  Army 77?  287 


«H.  Res.  31,  Dec.  8,  1899,  by  Hon.  J.  J.  Lentz;  H.  Kept.  24  and  1999  (H.  Eept. 
1999,  majority  and  minority,  submitted  June  5,  1900,  and  ordered  printed,  p.  7389; 
see  7453,  7209) ;  S.  Res.  18,  Dec.  11,  1899,  by  Senator  Pettigrew  (307519  A.  G.  O.); 
S.  Docs.  24,  25  ("The  Crime  of  the  Century"),  and  142,  also  42;  S.  Res.  Ill;  S.  J. 
Res.  110;  S.  Con.  Res.  71;  II.  J.  Res.  214;  H.  Con.  Res.  52;  Cong.  Record,  pp.  187, 
188,  234,  320,  696,  1181,  6511  (7527  to  7556,  speech  of  Mr.  Lentz). 


254  FEDEEAL    AID    IN    DOMESTIC    DISTURBANCES. 

The  new  organizations  authorized  were  recruited  upon  the  basis  thus  prescribed, 
leaving  the  organizations  in  the  Philippines  and  Cuba,  which  had  been  temporarily 
increased  to  greater  numbers,  to  be  reduced  to  that  basis  by  the  ordinary  expiration 
of  enlistments  and  casualties.  The  regular  establishment  now  consists,  according  to 
the  latest  reports  which  have  been  received,  of  3,253  officers  and  76,084  enlisted 
men.  There  are  also  4,336  men  of  the  hospital  corps,  172  volunteer  surgeons  in  the 
Philippines  appointed  under  section  18  of  the  act  of  February  2,  1901,  4,973  native 
scouts  under  the  command  of  98  officers  in  the  Philippines,  and  25  officers  and  815 
men  of  the  Porto  Rico  Provisional  Regiment. « 

The  present  provisions  of  law  relating  to  the  militia,  and  to  the  raising  of  volunteer 
forces,  are  quite  imperfect  and  unsatisfactory:  The  militia  law  stands  to-day  prac 
tically  as  it  was  enacted  in  1792,  and  is  practically  obsolete.  It  is  very  desirable  that 
Congress  should  now  exercise  the  power  conferred  upon  it  by  the  Constitution  to 
provide  for  organizing,  arming,  and  disciplining  the  militia.  The  organization 
and  armament  of  the  National  Guards  of  the  several  States,  which  are  treated  as 
militia  in  the  appropriations  made  by  Congress,  should  be  made  the  same  as  those 
provided  by  Congress  for  the  regular  and  volunteer  forces.  The  relations  of  the 
National  Guard  organizations  to  the  national  forces,  and  the  obligations  and  duties 
of  those  organizations  in  time  of  war,  should  be  clearly  defined,  so  that  the  confusion 
and  distress  regarding  their  action  which  accompanied  the  outbreak  of  the  war  with 
Spain  may  not  again  occur.  The  reliance  of  the  country  for  the  large  forces  neces 
sary  in  modern  warfare  must  necessarily  be  chiefly  upon  volunteers.  The  method 
and  procedure  of  raising  volunteer  forces  should  be  prescribed  in  advance,  so  that 
instead  of  waiting  to  devise  plans  for  a  volunteer  army  until  the  excitement  and 
haste  of  impending  war  makes  perfection  of  design  difficult  and  satisfactory  execu 
tion  impossible,  Congress  will  have  but  to  direct  the  execution  of  a  well-understood 
plan  by  officers,  each  one  of  whom  has  long  been  familiar  with  the  part  he  is  to  play. 
It  is  desirable  that  any  plans  adopted  should  provide  for  utilizing,  in  the  earlier  vol 
unteer  organizations  called  out,  the  training  of  those  citizens  who  shall  have  served 
already  in  the  Regular  and  Volunteer  forces.  If  the  earlier  volunteer  organizations 
can  be  constituted  of  these  trained  men,  much  valuable  time  and  expense  can  be 
saved,  and  many  dangers  may  be  averted  during  the  period  while  the  ordinary  vol 
unteers  are  receiving  the  necessary  training.  Provision  should  also  be  made  for  the 
selection  in.  advance  of  the  officers  of  any  volunteer  force  which  may  be  raised. 
Careful  selection  is  impossible  at  the  outbreak  of  a  war.  It  is  entirely  practicable  in 
time  of  peace.  I  recommend  that  the  President  be  authorized  to  convene  boards  of 
officers  (including  the  general  service  and  staff  college  board)  for  the  examination  of 
officers  of  the  National  Guard,  and  other  citizens  who  may  apply  to  be  examined,  as 
to  their  qualifications  to  hold  volunteer  commissions;  that  the  persons  passing  such 
examinations  shall  receive  certificates,  stating  the  office  for  which  they  are  found  to 
be  qualified,  and  upon  the  calling  out  of  a  volunteer  force  shall  be  entitled  to  receive 
commissions  for  such  offices.  I  recommend  that  the  War  Department  be  authorized 
to  arm  the  National  Guard  with  the  present  service  small  arms,  used  by  the  Regular 
Army,  Navy,  and  Marine  Corps;  that  the  National  Guard  of  the  several  States  be 
treated  as  a  first  reserve,  to  be  called  into  the  service  of  the  United  States  to  execute 
the  laws  of  the  Union,  suppress  insurrections,  and  repel  invasions,  the  term  of  serv 
ice  under  any  call  to  be  limited  to  nine  months;  that  the  President  be  authorized, 
on  the  request  of  the  governor  of  any  State,  to  detail  officers  of  the  Regular  Army 
for  instruction,  staff,  and  inspection  duties  with  the  National  Guard  of  such  State; 
that  the  War  Department  be  authorized  to  furnish  transportation,  rations,  and  tent- 
age  to  officers  and  men  of  National  Guard  organizations,  who  shall  take  part  with 
the  forces  of  the  Regular  Army  in  annual  encampment  and  maneuvers  at  national 

«  Annual  Report  of  the  Secretary  of  War  for  1901, 


CONCLUSIONS.  255 

military  camps;  that  the  Department  be  authorized  to  allow  travel  pay,  commuta 
tion  of  rations  and  quarters,  or  commutation  of  quarters,  to  officers  of  the  National 
Guard  attending  and  regularly  taking  part  in  the  courses  of  instruction  at  the  general 
service  and  staff  college  at  Fort  Leavenworth.  Both  of  these  provisions  should  be 
within  reasonable  limits,  proportional  to  the  numbers  of  National  Guard  organiza 
tions  in  the  several  States.  I  recommend  that  the  President  be  now  empowered  to 
organize  the  volunteer  forces  whenever  called  out,  in  the  manner  provided  for  by 
the  act  of  March  2,  1899,  for  the  organization  of  the  volunteer  force  which  has 
recently  returned  from  the  Philippines,  with  such  modifications  as  shall  be  necessary 
to  give  effect  to  the  views  above  expressed." 

The  result  of  this  recommendation  was  the  act  of  January  21,  1903, 
entitled  "An  act  to  promote  the  efficiency  of  the  militia,  and  for  other 
purposes,"  and  is  given  in  full  in  Document  No.  191.  Briefly,  sections 
1625  to  1660,  both  inclusive,  of  the  Revised  Statutes — which  are  the 
acts  of  May  8,  1792,  February  28,  1795,  and  March  19,  1836,  all  of 
which  have  been  heretofore  cited — are  repealed  and  a  more  modern 
system  devised  which,  although  in  its  present  shape  far  from  satisfac 
tory  to  the  War  Department,  is  regarded  as  at  least  a  beginning  of 
what  it  is  hoped  may  result  in  bringing  the  organized  militia  more 
closely  in  touch  with  the  Army. 

The  law  provides  that  in  order  to  participate  in  the  annual 
apportionment  of  the  annual  appropriations  of  $1,000,000  "the 
organization,  armament,  and  discipline  of  the  organ- 
conclusions,  ized  militia'1  must  conform  to  that  of  the  Regular 
Army,  except  that  the  President  may  prescribe  a 
minimum  strength  of  companies,  and  five  }^ears  are  allowed  for  the 
transformation;  that  the  organized  militia  is  to  be  immediately  armed 
with  the  United  States  standard  service  magazine  arms  and  equip 
ments;  shall  receive  the  usame  pay,  subsistence,  and  transportation 
or  clothing  allowances  as  officers  and  men  of  corresponding  grades  of 
the  regular  arm "  when  engaged  in  actual  field  or  camp  service  for 
instruction  or  in  combined  maneuvers;  officers  of  the  militia  may 
attend  military  schools  and  colleges,  and  while  in  attendance  on  such 
course  of  study  shall  receive  travel  allowance  and  quarters,  or  com 
mutation  of  quarters,  and  of  subsistence  at  $1  per  day;  that  officers 
of  the  Army  may  be  assigned  to  duty  with  the  States  and  Territories; 
that  ammunition  for  instruction  in  firing  and  target  practice  shall  be 
furnished  by  the  United  States.  It  is  further  provided  that  for  the 
purpose  of  securing  a  list  of  persons  specially  qualified  to  hold  com 
missions  in  any  future  volunteer  forces,  men  who  have  served  in  the 
Regular  or  Volunteer  Army  or  organized  militias,  or  taken  a  regular 
course  of  instruction  at  a  military  school  or  college,  may  appear 
before  boards  of  officers  to  be  convened  from  time  to  time  at  Army 
posts  for  examination  and,  if  found  qualified,  their  names  shall  be 
inscribed  in  a  register  at  the  War  Department. 

«  Annual  Report  of  the  Secretary  of  War  for  1901. 


256  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

It  will  be  deduced  from  the  foregoing  pages  that  inasmuch  as  the 
States  are  prohibited  from  maintaining  a  standing  army  in  time  of 
peace/'  or  from  engaging  in  war,  the  United  States  is  under  constitu 
tional  obligation  to  guarantee  them  a  republican  form  of  government; 
to  come  to  the  aid  of  the  States,  or  any  one  of  them,  and  to  protect 
them— 

1.  Against  invasion;  from— 

(a)  Any  foreign  nation,  or 

(b)  Any  Indian  tribe;  and 

'3.  Against  domestic  violence;  which  may  be  caused— 

(a)  By  an  insurrection  against  the  State  government, 

(b)  By  an  insurrection  against  the  United  States  Government,  or 

(c)  By   unlawful    obstructions,    hindrances,    combinations,    and 

assemblages,  or  rebellion  against  the  authority  of  the  United 
States  Government,  or  against  the  execution  of  its  laws. 
It  will  furthermore  be  observed  that  the  agencies  by  which  this  aid 
is  to  be  rendered  and  the  protection  thus  guaranteed  extended  are  — 

1.  The  land  and  naval  forces  of  the  United  States; 

2.  The  militia  of  the  State  in  which  the  disturbances  exist;6 

3.  The  militia  of  the  State  or  States  most  convenient  to  the  scene  of 
disturbance;  and 

4.  The  militia  of  any  other  State  or  States. 

In  the  same  manner  it  will  be  seen  that  the  procedure  necessary  to 
secure  such  Federal  aid  and  protection,  to  set  in  motion  these  agencies, 
and  to  carry  out  the  constitutional  and  statutory  guaranties  are — 


«  While  a  State  has  no  right  to  establish  and  maintain  a  permanent  military  gov 
ernment,  it  is  not  to  be  inferred  that  it  has  no  power  over  the  militia  resident  within 
its  borders.  Unquestionably  a  State  may  use  its  military  power  to  put  down  an 
armed  insurrection  too  strong  to  be  controlled  by  the  civil  authority.  The  power  is 
essential  to  the  existence  of  every  government,  essential  to  the  preservation  of  order 
and  free  institutions,  and  is  as  necessary  to  the  States  of  this  Union  as  to  any  other 
government.  (Luther  r.  Borden,  7  Howard  1. ) 

6 Mr.  Attorney-General  Gushing  (8  Opin.,  12),  in  a  consideration  of  the  circum 
stances  in  which  the  President  may  employ  the  military  and  naval  force  to  .suppress 
insurrection  in  a  State,  remarks  that  the  statute  does  not  by  expression  empower  the 
President  to  call  forth  the  militia  of  the  State  in  which  the  insurrection  exists,  but 
only  upon  the  application  of  such  State  to  call  forth  the  militia  of  some  other  State  or 
States.  It  presumes  that  when  occasion  arises  the  militia  of  the  particular  State  will 
be  brought  into  action  by  its  own  executive  and  legislative  authority.  But  this  is 
to  assume  a  harmony  of  purpose  or  of  action  between  the  State  and  Federal  authorities 
that  does  not  always  exist.  Illustrations  of  this  are  many,  beginning  with  the 
nullification  insurrection  of  1832  and  ending  with  the  railroad  riots  of  1894,  and  the 
case  of  In  re  Debs,  in  which  the  Supreme  Court  laid  down  the  doctrine  that  when 
the  powers  of  the  State  and  those  of  the  United  States  from  any  reason  can  not 
be  executed  at  the  same  time,  the  powers  of  the  latter  are  paramount.  (158  U.  S. 
Reports,  564. ) 


CONCLUSIONS.  257 

1.  A  proper  and  formal  application  to  the  President  of  the  United 
States  by — 

(a)  The  legislature  of  the  State  in  which  the  insurrection  or  dis 
turbances  exist,  or 

(Jj)  By  the  executive  of  such  State,  in  cases  where  the  legislature 
is  not  in  session,  or  can  not  reasonably  be  convened  in  time 
to  meet  the  emergency. 

'2.  A  decision  upon  the  part  of  the  President  that  the  case  is  one  in 
which  the  Government  of  the  United  States  is  bound  to  interfere. 

3.  A  proclamation  of  the  President  reciting  the  situation  and  the 
law  provided  in  such  cases,  and  commanding  the  insurgents  to  dis 
perse  and  retire  peaceably  to  their  respective  abodes  within  a  specified 
time. 

4.  A  formal  call  of  the  President  upon  the  executive  of  the  State 
wherein  the  disturbance  exists,  or  a  requisition  upon  the  executive  of 
neighboring  or  other  States  for  such  number  of  their  militia  as  he  (the 
President)  may  judge  sufficient  to  suppress  such  insurrection  or  dis 
turbance,  or  orders  to  the  Secretary  of  War,  the  commanding  gen 
eral  of  the  Army,  or  of  a  geographical  divison  or  department  of  the 
Army,  for  such  number  of  regular  troops  as  he  may  deem  necessary 
for  the  purpose. 

5.  Proper  and  formal  instructions  from  the  President  to  the  com 
manding  officer  of  the  troops  for  his  guidance  in  responding   to  the 
call  of  the  State  authorities,  and  for  his  conduct  during  the  period  he 
is  engaged  in  such  service. 

It  has  been  shown  that  in  the  development  of  the  incidents  leading 
up  to  the  furnishing  of  Federal  troops  for  the  suppression  of  domes 
tic  disturbances;  in  the  demonstration  of  the  various  and  varied  situa 
tions  that  were  likely  to  arise,  and  have  naturally  arisen,  during 
the  progress  of  the  one  hundred  years  and  more  since  the  foundation 
of  the  Government,  and  in  the  lessons  drawn  from  the  experiences 
of  more  recent  years  under  changed  social  conditions,  many  impor 
tant  and  interesting  questions  have  arisen  that  have  called  for  the 
exercise  of  the  widest  and  wisest  discretion.  "It  shall  be  lawful," 
say  the  statutes,  for  the  President  to  employ  the  land  and  naval 
forces;  to  call  out  the  militia;  to  suppress  such  insurrections  and 
remove  such  obstructions  and  hindrances  to  the  execution  of  the  laws; 
but  nowhere  is  it  made  imperative  that  he  shall  do  so.  The  President 
is  the  sole  judge  of  the  exigency/'  To  his  judgment  is  left  the  deter- 

« It  is  the  function  of  the  President  of  the  United  States,  indubitably,  to  decide  in 
his  discretion  what  facts  existing  constitute  the  case  of  insurrection  contemplated 
by  the  statutes  and  by  the  Constitution.  (Martin  r.  Mott,  12  Wheaton,  29,  31;  Luther 
v.  Borden,  7  Howard,  1;  Attorney-General  Gushing,  8  Opin.,  8;  Black,  9  Opin.,  922; 
Williams,  1-4  Opin.,  344.) 

S.  Doc.  209 17 


258  FEDEKAL    AID    IN    DOMESTIC    DISTURBANCES. 

mination  of  every  possible  doubt  that  may  arise.  He  may  furnish 
prompt  and  sufficient  assistance  upon  the  first  sign  of  disorder;  he 
may  await  the  slow  movement  of  every  piece  of  the  legal  machinery 
necessar}T  to  put  the  troops  in  motion,  or  he  may  refuse  to  render  an}^ 
aid  whatever.  He  is  to  judge  whether  a  legislature  or  a  governor  has 
not  overestimated  the  danger;  whether  the  State  has  or  has  not 
exhausted  its  own  resources;  whether  the  opposition  to  the  State  gov 
ernment  is  one  that  justifies  the  term  "insurrection/1  There  may  be 
two  contesting  executives  of  a  State,  or  two  disputing  legislatures,  and 
the  President  must  determine  which  is  the  lep'al  one  before  he  can 

fe 

perform  the  duty  imposed  upon  him  by  the  law.  An  insurrection 
may  exist  within  a  State — palpable  and  indisputable  according  to  the 
opinion  of  the  ordinary  observer — and  the  executive,  who  may  be  a 
party  to  the  insurrection  or  in  sympathy  with  it,  may  refuse  to  make 
the  constitutional  demand  upon  the  Federal  Government;  or  a  legisla 
ture,  in  the  face  of  self-evident  facts,  may  declare  that  no  insurrection 
exists,  or  that  the  State  is  fully  able  to  suppress  it  without  Federal  aid.a 
Nor  are  these  the  only  questions  that  have  grown  out  of  domestic 
insurrections,  such  as  are  contemplated  by  the  Constitution.  The 
President  being  the  sole  judge  of  what  steps  are  necessary  to  sup 
press  such  insurrection,  and  having  called  for  militia,  he  may  muster 
them  into  the  service  of  the  United  States,  and  thus  be  in  a  position 

alnsurrection  (sedition,  rebellion,  revolt,  mutiny,  riot) . — The  first  five  conterminous 
words  are  distinguished  from  the  last,  in  that  they  express  action  directed  against 
government  or  authority,  while  riot  has  only  this  implication  incidentally.  They 
express  actual  and  open  resistance  to  authority;  except  sedition,  which  maybe  either 
secret  or  open,  and  often  is  only  of  a  nature  to  lead  to  overt  acts.  An  insurrection 
goes  beyond  sedition  in  that  it  is  an  actual  uprising  against  the  government,  in  dis 
content,  in  resistance  to  a  law,  or  the  like.  Mebelliongoes  beyond  insurrection  in  aim, 
being  an  attempt  actually  to  overthrow  the  government,  while  an  insurrection  seeks 
only  some  change  of  a  minor  importance,  and  is  generally  on  a  larger  scale  than  an 
insurrection.  A  revolt  has  generally  the  same  aim  as  a  rebellion,  but  is  on  a  smaller 
scale.  A  revolt  may  be  against  military  government,  but  is  generally,  like  insurrec 
tion,  sedition,  and  rebellion,  against  civil  government.  A  iindimj  is  organized  resist 
ance  to  law  in  the  army  or  navy,  or  perhaps  a  similar  act  by  an  individual.  All  these 
words  have  figurative  uses.  When  literally  used,  only  insurrection  and  revolt  may 
be  employed  in  a  good  sense.  The  success  of  a  rebellion  often  dignifies  it  with  the 
name  of  revolution,  but  insurrection,  though  it  may  be  the  beginning  of  what  may 
subsequently  develop  into  revolution,  is  not  to  be  confounded  with  the  larger  word. 
A  riot  is  generally  a  blind  and  misguided  outburst  of  popular  fury,  with  violence  to 
property  and  persons,  and  may  develop  into  insurrection.  (Century  Dictionary.) 
Insurrection  is  rebellion  in  its  initial  stage.  (Standard  Dictionary.) 

Insurrection  is  the  rising  of  people  in  arm  against  their  government,  or  a  portion  of 
it;  or  against  one  or  more  of  its  laws,  or  against  an  officer  or  officers  of  the  government. 
It  may  be  confined  to  mere  armed  resistence,  or  it  may  have  greater  ends  in  view. 
(Glenn.  International  Law,  St.  Paul,  1895,  p.  362.) 

Insurrection  against  a  government  may  or  may  not  culminate  in  an  organized  rebel 
lion,  but  a  civil  war  always  begins  by  insurrection  against  the  lawful  authority  of  the 
government.  (Grier,  J.,  in  the  Prize  cases,  2  Black,  666.) 


CONCLUSIONS.  259 

to  arm  and  equip  and  supply  them  with  food,  clothing,  and  every 
thing  necessary  to  enable  them  to  perform  the  duty  he  may  require 
of  them;  or  by  retaining  them  as  militia  he  may  require  the  State  to 
arm,  equip,  and  supply  them.  Ifc  is  a  recognized  principle  of  a 
republican  form  of  government  that  the  civil  authority  must  be 
everywhere  supreme;  that  the  Federal  troops,  like  all  other  citizens, 
must  be  always  subject  and  subordinate  to  the  civil  powers.  We 
have  seen  that  every  President  has  yielded  to  that  doctrine  during 
the  past  century  so  that  in  no  single  instance  when  a  State  has  called 
for  Federal  assistance  have  other  instructions  been  given  to  the  troops 
than  to  report  to  and  hold  themselves  at  all  times  subject  to  the  orders 
of  the  civil  authorities  of  the  State.  At  the  same  time  it  has  been 
contended  by  most  eminent  authorities,  and  perhaps  with  reason, 
that  the  act  of  a  State  in  calling  for  Federal  aid  is  a  confession 
of  failure  upon  its  part  and  an  acknowledgment  of  its  inability 
to  preserve  order  within  its  own  dominion  or  to  enforce  its  own 
laws,  and  that,  as  a  consequence,  the  power  that  is  called  in  under 
such  circumstances  is  the  one  that  should  exercise  control.  Is  it  expe 
dient  and  proper  that  the  President  should  transfer  the  Federal  troops 
to  the  command  of  State  officials  who  have  already  failed  to  preserve 
order  or  to  suppress  insurrection?  If  so,  when  would  the  time  arrive 
when  this  State  control  should  cease  and  the  President  resume  control  ? 
And  of  this,  who  is  to  be  the  judge?  And  if  these  questions  present 
themselves  as  between  the  Federal  Government  and  that  of  a  State 
in  insurrection,  what  complications  are  likely  to  grow  out  of  a  situation 
where  the  militia  of  other  States  are  called  in. 

We  have  seen  that  since  the  adoption  of  the  Constitution  there 
have  been  fourteen  well-defined  instances  of  domestic  violence 
against  the  established  laws  of  State  or  Federal  Government  suf 
ficient  to  have  warranted  the  President  in  proclaiming  a  state  of 
insurrection.  Many  other  occasions  have  arisen  where  Federal  aid 
has  been  solicited,  and  in  most  cases  has  been  furnished,  but  were 
not  regarded  as  of  sufficient  importance  to  warrant  the  application 
of  all  the  rules  laid  down  by  the  statutes.  This  has  been  rather  a 
narrative  statement  of  these  several  insurrections,  and  of  the  events 
leading  up  to  them,  than  an  attempt  to  discuss  the  various  questions 
that  grew  out  of  them.  The  latter  have  been  so  fully  covered  by 
writers  on  military  law,  by  committees  of  Congress,  and  by  the  courts 
(to  which  authorities  reference  has  been  made  in  every  instance)  that 
their  repetition  in  this  connection  is  needless. 

It  is  not  to  be  understood  that  every  occasion  of  domestic  insurrec 
tion  is  herein  reported,  nor  indeed  every  occasion  in  which  the  Federal 
troops  were  applied  for  or  furnished.  Whatever  difficult}7  has  been 
experienced  in  the  handling  of  the  voluminous  mass  of  documentary 
material  that  has  been  consulted  has  been  rather  in  the  direction  of 


260  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

selecting,  without  needless  repetition,  those  events  that  are  of  impor 
tance  because  of  some  principle  involved,  some  particular  phase  of 
the  subject,  some  complication  or  involution  calling  for  particular 
treatment,  and  hence  becoming  for  the  time  being,  if  not  permanently, 
a  precedent  for  future  emergencies.  At  the  same  time,  and  in  order 
that  the  continuity  of  historical  record  need  not  be  broken,  it  has  been 
thought  best  to  omit  no  conspicuous  insurrectionary  occurrence  for 
the  sole  reason  that  it  presents  phases  of  precise^  the  same  or  similar 
character  as  others  that  had  been  already  noticed.  The  result  is  a 
continuous  and  reasonably  complete  narrative  of  the  domestic  insurrec 
tions,  riots,  revolts,  and  miscellaneous  disturbances  that  have  entered 
into  the  history  of  the  United  States  since  its  beginning,  and  of  the 
measures  that  have  been  taken  by  the  Executive,  by  Congress,  and  by 
the  courts  to  meet,  to  suppress,  to  punish  them,  or  to  prevent  their 
recurrence. 

Aside  from  this,  the  record  possesses  a  contemporary  interest  that 
is  not  Avholly  historical.  When  it  is  considered  that  there  has  been 
scarcely  a  year  since  the  beginning  of  the  Government  that  the  Army 
has  not  been  called  upon  to  quell  disturbances  too  great  for  the  State 
authorities  to  handle;  that  since  the  reorganization  of  the  militia  on 
the  national  guard  system,  sa}T  during  the  past  twenty -five  years,  the 
State  troops,  or  some  portion  of  them,  have  been  called  out  more  than 
five  hundred  times/'  the  extent  to  which  the  civil  authorities  are 
dependent  upon  the  military  arm  as  a  police  force  is  brought  into 
startling  prominence.  It  is  a  favorite  argument  of  the  opponents  of  a 
military  system,  since  the  beginning  of  history,  that  the  existence  of 
organized  troops  is,  in  itself,  a  temptation  to  use  them.  In  the  face 
of  our  compilation,  one  can  not  but  wonder  what  would  have  been  the 
course  of  our  history  without  them. 

«The  number  is  rather  under  than  overstated.  General  Cutting,  M.  C.,  in  his 
remarks  on  the  militia  bill  in  the  House  of  Representatives  January  12,  1893, 
inserted  a  schedule  made  up  from  incomplete  reports  of  adjutants-general  of  States, 
in  which  the  number  of  such  calls  for  the  twenty-five  years  ending  with  1892  is 
something  over  400.  And  more  recently  Major  Alexander,  D.  C.  N.  G.,  in  the  Jour 
nal  of  the  United  Service  Institution  for  July,  1896  (vol.  19,  p.  1),  gives  a  list  of 
about  400  calls  for  the  ten  years  ending  with  1896,  which  he  has  since  increased  (per 
a  revised  list  in  possession  of  the  writer)  to  425  specific  calls  during  the  period 
between  January,  1886,  and  September,  1897. 


APPENDIX. 


XIII.  DOCUMENTS. 
NEGRO  INSURRECTIONS. 


FORTRESS  MONROE,  August  24,  1881. 

COLONEL:  1  send,  inclosed,  a  copy  of  a  communication  which  I  received,  by  express, 
from  the  mayor  of  Norfolk  at  3  a.  in.  this  morning,  and  I  have  to  report,  for  the 
information  of  the  general  in  chief,  that,  from  the  serious  nature  of  the  circumstances 
stated  and  the  pressing  solicitation  of  the  mayor,  I  have  felt  it  my  duty  to  afford  the 
aid  required;  accordingly,  I  have  detached  three  companies,  under  the  command  of 
Lieutenant-Colonel  Worth,  for  the  service  required. 

The  detachment,  with  four  days'  provision,  1  field  piece,  100  stands  of  spare  arms 
with  ammunition,  etc.,  were  embarked  at  5  a.  m.,  this  morning,  with  orders  to  pro 
ceed  to  Suffolk,  for  the  purpose  of  suppressing  the  disturbances  in  this  district. 

Colonel  Worth  has  orders  to  consult  with  the  civil  authorities  and  to  be  governed 
in  his  movements  (with  a  view  to  the  object  of  the  expedition)  according  to  circum 
stances  and  his  best  judgment. 
I  have  the  honor  to  be,  with  the  greatest  respect,  your  obedient  servant, 

JAS.  HOUSE, 
Colonel  First  Artillery. 
Col.  R.  JONES, 

Ad jminnt- General. 


(2.) 

NORFOLK,  August  23,  1831. 

SIR:  Information  has  been  received  by  express  from  Suffolk,  confirmed  by  other 
intelligence,  that  an  insurrection  of  slaves  commenced  in  the  lower  part  of  the  county 
of  Southampton  on  Sunday  night;  that  about  50  persons  were  murdered;  that  some 
skirmishes  have  taken  place  between  the  militia  and  the  insurgents,  but  without  any 
decisive  effect.  It  is  believed  to  be  of  the  utmost  moment  to  crush  this  movement 
instantly  to  prevent  the  mischief  of  its  extension.  The  imminent  and  pressing  neces 
sity  of  the  occasion  seems  to  justify  on  our  part  all  formal  scruples  in  applying  to 
you  for  aid,  and  we  trust  that  the  same  considerations  will  induce  you  to  afford  it 
promptly  without  regard  to  the  informality  of  the  measure.  A  steamboat  is  sent 
down,  on  board  of  which  is  Captain  Capron,  who  will  deliver  you  this  letter.  Our 
purpose  is  to  obtain  from  the  United  States  ships  in  Hampton  Roads  and  Fortress 
Monroe  a  force  from  150  to  200  men,  to  be  conveyed  immediately  to  Suffolk  by  the 
steamboat,  with  a  supply  of  ammunition,  and,  if  convenient,  provisions  for  four  or  five 
days.  The  movement  of  the  troops  there  will  be  directed  to  the  point  of  danger 
according  to  the  discretion  of  the  officer  in  command. 

261 


262  FEDEBAL    AID    IN    DOMESTIC    DISTURBANCES. 

We  rely  with  confidence  on  your  cheerful  cooperation  in  the  execution  of  this 
measure. 

1  have  the  honor  to  be  your  obedient  servant, 

JNO.  E.  HOLT, 

Mayor. 

P.  S. — Sufficient  time  has  not  been  allowed  to  address  a  separate  letter  to  each  of 
the  commanding  officers. 


FORTRESS  MONROE,  August  30,  1831. 

COLONEL:  I  beg  leave  to  report  that,  representations  having  been  made  to  me  of 
the  exposed  and  defenseless  situation  of  the  village  of  Hampton  and  of  the  alarm  of 
the  inhabitants  in  consequence  of  the  insurrectionary  movements  of  the  blacks  in 
the  neighboring  counties,  I  have  caused  to  be  delivered,  on  the  requisition  of  Colonel 
Jones,  of  this  place,  commanding  the  One  hundred  and  fifteenth  Regiment  of  Vir 
ginia  Militia,  26  muskets,  with  the  accouterments,  and  300  rounds  of  ball  cartridges, 
which  are  to  be  returned  when  the  alarm  shall  have  subsided. 

Colonel  Worth,  with  his  detachments,  are  at  Smithfield  on  their  return  and  \vill 
be  here  this  morning. 

Respectfully,  your  obedient  servant,  JAS.  HOUSE, 

Colonel  First  Artillery. 
Col.  R.  JONES, 

Adjutant-  General. 


(4.) 

ADJUTANT-GENERAL'S  OFFICE, 

Washington,  August  26,  1831. 
Col.  JAMES  HOUSE, 

First  Artillery,  Commanding  Fortress  Monroe,  Va. 

SIR:  Your  communication  of  the  24th  instant,  reporting  the  insurrection  of  the 
blacks  in  Southampton  County  and  the  succor  furnished  from  Fortress  Monroe,  in 
compliance  with  the  call  made  on  you  by  the  mayor  of  the  borough  of  Norfolk,  has 
been  received. 

I  have  it  in  command  to  express  to  you  the  entire  satisfaction  of  the  President  and 
Secretary  of  War  at  the  promptitude  with  which  you  detached  three  companies  of 
artillery,  under  command  of  Brevet  Lieutenant-Colonel  Worth,  at  the  request  of  the 
civil  authority,  on  this  lamentable  and  unforeseen  occasion. 
I  am,  sir,  with  great  respect,  your  obedient  servant, 

R.  JONES, 
Adjutant-  General. 


(5.) 

ADJUTANT-GENERAL'S  OFFICE, 

Washington,  September  6,  1831. 
Col.  JAMES  HOUSE, 

First  Regiment  of  Artillery,  Commanding  Fortress  Monroe,  Va. 

SIR:  I  am  instructed  by  the  Secretary  of  War  to  direct  that  you  will  detach  from 
the  garrison  of  Fortress  Monroe  without  delay  one  company  of  artillery,  with  orders 
to  proceed  to  Newbern,  N.  C.,  by  the  most  convenient  and  expeditious  route. 


NEGRO    INSURRECTIONS.  263 

The  captain  of  the  company  will  be  instructed  to  furnish  any  aid  towards  the 
maintenance  of  the  public  peace  in  that  quarter  that  may  be  required  by  the  civil 
authorities  at  Newbern,  for  which  purpose  he  will  be  ordered  to  take  position  and 
temporarily  encamp  within  the  town  or  its  immediate  vicinity  until  further  orders. 
The  company  will  take  with  it  one  field  piece,  equipped  for  service. 
I  am,  sir,  very  respectfully,  your  obedient  servant, 

R.  JONES, 
Adjutant-  General. 


(6.) 

HEADQUARTERS  FIRST  REGIMENT  ARTILLERY, 
•  Fortress  Monroe,  September  9,  1831. 

SIR:  You  will  proceed  with  the  company  under  your  command  to  Newbern,  N.  C., 
and  on  your  arrival  you  will  confer  with  the  civil  authorities,  on  whose  requisition 
you  will  afford  any  aid  towards  the  maintenance  of  the  public  peace,  for  which  pur 
pose  you  will  take  position  and  temporarily  encamp  in  the  town  or  its  immediate 
vicinity  until  further  orders. 

You  will  report  your  arrival  to  the  headquarters  of  the  regiment  and  keep  me 
informed  of  any  further  movements  or  circumstances  interesting  to  your  command. 
Wishing  you  a  pleasant  tour  of  duty,  I  remain,  with  great  respect, 

Your  obedient  servant,  » 

JAMES  HOUSE, 
Colonel  First  Artillery. 
Capt.  F.  WHITING, 

First  Regiment  Artillery. 


NEWBERN,  N.  C.,  September  26,  1831. 

SIR:  The  petition  from  this  town,  which  resulted  in  the  detachment  of  my  com 
pany  on  its  present  service,  was  predicated  upon  the  late  servile  insurrection  in  Vir 
ginia.  Whatever  degree  of  alarm  may  have  been  excited  by  that  event,  and  by  the 
many  idle  reports  of  more  recent  similar  disturbances  in  this  State,  I  am  well  assured 
that  a  large  majority  of,  if  not  all,  the  principal  citizens,  including  the  civil  authori 
ties  of  Newbern,  are  now  of  the  opinion  that  the  presence  of  United  States  troops  is 
no  longer  necessary  for  their  protection  against  their  slave  population.  The  Hon. 
Mr.  Gaston — -certainly  very  high  authority — has  expressed  these  sentiments  openly, 
in  my  hearing.  Indeed  some  citizens,  whose  opinions  are  entitled  to  every  respect, 
have  from  the  first  been  opposed  to  the  call  upon  Government  for  troops,  either  from 
doubts  of  the  existence  of  any  cause  that  would  justify  it,  or  from  a  belief  that  if  the 
alleged  danger  actually  existed,  their  own  citizens  were  fully  competent  to  guard 
against  and  that  the  presence  of  a  regular  force,  even  not  exceeding  one  company, 
would  have  the  effect  of  rendering  the  citizens  less  vigilant  than  they  otherwise 
would,  and  at  all  times  should,  be. 

There  are  many  persons,  to  be  sure,  in  this  town  (probably  it  would  be  the  same 
in  most  other  places),  who  are  in  favor  of  having  the  troops  stationed  among  them 
permanently,  and  no  doubt  a  petition,  followed  by  an  array  of  names  at  least  numer 
ically  imposing,  might  at  any  moment  be  got  up  in  support  of  their  views.  Some  of 
this  class,  I  fear  a  large  proportion  of  it,  are  actuated  in  the  adoption  of  such  views 
by  motives  not  altogether  disinterested.  But  1  speak  advisedly  when  1  say  again 
that  a  large  majority  of,  if  not  all,  the  principal  citizens  of  Newbern  are  of  the  opin 
ion  that  the  presence  of  United  States  troops  is  no  longer  necessary  as  a  protection 


264  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

against  their  slaves;  and  would  not  therefore  be  opposed  to  their  departure  hence 
within  a  few  weeks,  by  which  time  it  is  believed  that  all  the  beneficial  effects  that 
could  reasonably  be  expected  from  their  appearance  here  will  have  been  realized. 

On  this  authority  I  now  respectfully  solicit  an  order  to  return  with  my  company 
to  Fortress  Monroe,  in  the  course  of  the  ensuing  month,  or  before  it  will  be  neces 
sary  to  go  upon  a  winter  establishment,  provided  the  civil  authorities  of  Newbern 
shall  concur  in  the  measure. 

It  is  my  own  settled  conviction  that  a  detention  of  my  company  here  beyond  the 
period  above  proposed  would  be  more  than  useless,  for  the  position  it  occupies  within 
a  populous  town,  is  highly  prejudicial  to  its  discipline  and  moral  efficiency,  where  no 
possible  vigilance  on  the  part  of  the  officers  can  effectually  prevent  an  intercourse 
with  the  rabble,  which  is  always  most  debasing  to  the  character  of  the  soldier.  A 
just  professional  pride  therefore  impels  me  to  urge  a  compliance  with  my  request  for 
a  removal. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

F.  WHITING, 

Col.  R.  JONES,  Captain  Commanding. 

Adjutant- General,  Washington,  D.  C. 


THE  DORR  REBELLION. 

(8.) 

PROVIDENCE,  April  4,  1842. 
The  PRESIDENT  OF  THE  UNITED  STATES. 

SIR:  The  State  of  Rhode  Island  is  threatened  with  domestic  violence.  Apprehend 
ing  that  the  legislature  can  not  be  convened  in  sufficient  season  to  apply  to  the 
Government  of  the  United  States  for  effectual  protection  in  this  case,  I  hereby  apply 
to  you,  as  the  executive  of  the  State  of  Rhode  Island,  for  the  protection  which  is 
required  by  the  Constitution  of  the  United  States.  To  communicate  more  fully  with 
you  on  this  subject,  I  have  appointed  John  Whipple,  John  Brown  Francis,  and 
Elisha  R.  Potter,  esqs.,  three  of  our  most  distinguished  citizens,  to  proceed  to 
Washington  and  to  make  known  to  you  in  behalf  of  this  State  the  circumstances 
which  call  for  the  interposition  of  the  Government  of  the  United  States  for  our 
protection. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

SAM   W.    Kix(j, 
Governor  of  J\Jiod<>  hi  and. 


PROVIDENCE,  April  4, 
The  PRESIDENT  OF  THE  UNITED  STATES. 

SIR:  For  nearly  a  year  past  the  State  of  Rhode  Island  has  been  agitated  by  revo 
lutionary  movements,  and  is  now  threatened  with  domestic  violence. 

The  report  of  a  joint  committee  of  both  branches  of  the  legislature  of  this  State, 
with  an  act  and  resolutions  accompanying  the  same,  herewith  communicated,  were 
passed  unanimously  by  the  senate  and  by  a  vote  of  60  to  6  in  the  house  of  repre 
sentatives.  The  legislature  adjourned  to  the  first  Tuesday  of  May  next. 

It  has  become  my  duty  by  one  of  these  resolutions  to  adop*  such  measures  as  in 


THE    DOER    REBELLION.  265 

my  opinion  may  be  necessary  in  the  recess  of  the  legislature  to  execute  the  laws  and 
preserve  the  State  from  domestic  violence. 

The  provisions  of  the  said  act  ' '  in  relation  to  offenses  against  the  sovereign  power 
of  this  State"  have  created  much  excitement  among  that  portion  of  the  people  who 
have  unequivocally  declared  their  intention  to  set  up  another  government  in  this 
State  and  to  put  down  the  existing  government,  and  they  threaten,  individually  and 
collectively,  to  resist  the  execution  of  this  act.  The  numbers  of  this  party  are  suffi 
ciently  formidable  to  threaten  seriously  our  peace,  and  in  some  portions  of  the  State 
and  in  this  city  particularly,  may  constitute  a  majority  of  the  physical  force,  though 
they  are  a  minority  of  the  people  of  the  State. 

Under  the  dangers  which  now  threaten  us  I  have  appointed  John  Whipple,  John 
Brown  Francis,  and  Elisha  R.  Potter,  esqs.,  three  of  our  most  distinguished  citizens, 
to  proceed  to  Washington  and  consult  with  you  in  behalf  of  this  State,  with  a  view 
that  such  precautionary  measures  may  be  taken  by  the  Government  of  the  United 
States  as  may  afford  us  that  protection  which  the  Constitution  of  the  United  States 
requires.  There  is  but  little  doubt  that  a  proclamation  from  the  President  of  the 
United  States  and  the  presence  here  of  a  military  officer  to  act  under  the  authority 
of  the  United  States,  would  destroy  the  delusion  which  is  now  so  prevalent  and  con 
vince  the  deluded  that  in  a  contest  with  the  government  of  this  State  they  would  be 
involved  in  a  contest  with  the  Government  of  the  United  States,  which  could  only 
eventuate  in  their  destruction. 

As  no  State  can  keep  troops  in  time  of  peace  without  the  consent  of  Congress, 
there  is  the  more  necessity  that  we  should  be  protected  by  those  who  have  the  means 
of  protection.  We  shall  do  all  we  can  for  ourselves.  The  Government  of  the  United 
States  has  the  power  to  prevent  as  well  as  to  defend  us  from  violence.  The  protec 
tion  provided  by  the  Constitution  of  the  United  States  will  not  be  effectual  unless 
such  precautionary  measures  may  be  taken  as  are  necessary  to  prevent  lawless  men 
from  breaking  out  into  violence  as  well  as  to  protect  the  State  from  further  violence 
after  it  has  broken  out.  Preventive  measures  are  the  most  prudent  and  safe,  and 
also  the  most  merciful. 

The  protective  power  would  be  lamentably  deficient  if  "the  beginning  of  strife," 
which  "is  like  the  letting  out  of  waters,"  can  not  be  prevented  and  no  protection 
can  be  afforded  the  State  until  to  many  it  would  be  too  late. 

The  above-named  gentlemen  are  fully  authorized  to  act  in  behalf  of  the  State  of 
Rhode  Island  in  this  emergency,  and  carry  with  them  such  documents  and  proof  as 
will,  no  doubt,  satisfy  you  that  the  interposition  of  the  authority  of  the  Government 
of  the  United  States  will  be  salutary  and  effectual. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

SAM.  W.  KING. 


(10.) 

WASHINGTON,  April  11,  1842. 
His  Excellency  the  GOVERNOR  OF  RHODE  ISLAND. 

SIR:  Your  letter  dated  the  4th  instant  was  handed  me  on  Friday  by  Mr.  Whipple, 
who,  in  company  with  Mr.  Francis  and  Mr.  Potter,  called  upon  me  on  Saturday  and 
placed  me,  both  verbally  and  in  writing,  in  possession  of  the  prominent  facts  which 
have  led  to  the  present  unhappy  condition  of  things  in  Rhode  Island — a  state  of 
things  which  every  lover  of  peace  and  good  order  must  deplore.  I  shall  not  adven 
ture  the  expression  of  opinion  upon  those  questions  of  domestic  policy  which  seem 
to  have  given  rise  to  the  unfortunate  controversies  between  a  portion  of  the  citizens 
and  the  existing  government  of  the  State.  They  are  questions  of  municipal  regula 
tion,  the  adjustment  of  which  belongs  exclusively  to  the  people  of  Rhode  Island, 
and  with  which  this  Government  can  have  nothing  to  do.  For  the  regulation  of 


266  FEDERAL    AID   IN    DOMESTIC    DISTURBANCES. 

my  conduct  in  any  interposition  which  I  may  be  called  upon  to  make  between  the 
government  of  a  State  and  any  portion  of  its  citizens  who  may  assail  it  with  domestic 
violence,  or  may  be  in  actual  insurrection  against  it,  I  can  only  look  to  the  Consti 
tution  and  laws  of  the  United  States,  which  plainly  declare  the  obligations  of  the 
executive  department  and  leave  it  no  alternative  as  to  the  course  it  shall  pursue. 

By  the  fourth  section  of  the  fourth  article  of  the  Constitution  of  the  United  States 
it  is  provided  that  "the  United  States  shall  guarantee  to  every  State  in  this  Union 
a  republican  form  of  government,  and  shall  protect  each  of  them  against  invasion, 
and,  on  application  of  the  legislature  or  executive  (when  the  legislature  can  not  be 
convened),  against  domestic  violence."  And  by  the  act  of  Congress  approved  on 
the  28th  February,  1795,  it  is  declared  "that  in  case  of  an  insurrection  in  any  State 
against  the  government  thereof  it  shall  be  lawful  for  the  President  of  the  United 
States,  upon  application  of  the  legislature  of  such  State  or  by  the  executive  (when 
the  legislature  can  not  be  convened),  to  call  forth  such  numbers  of  the  militia  of  any 
other  State  or  States  as  may  be  applied  for,  as  he  may  judge  sufficient  to  suppress 
such  insurrection."  By  the  third  section  of  the  same  act  it  is  provided  "that  when 
ever  it  may  be  necessary,  in  the  judgment  of  the  President,  to  use  the  military  force 
hereby  directed  to  be  called  forth,  the  President  shall  forthwith,  by  proclamation, 
command  such  insurgents  to  disperse  and  retire  peaceably  to  their  respective  abodes 
within  a  reasonable  time."  By  the  act  of  March  3,  1807,  it  is  provided  "that  in  all 
cases  of  insurrection  or  obstruction  to  the  laws,  either  of  the  United  States  or  of  any 
individual  State  or  Territory  where  it  is  lawful  for  the  President  of  the  United  States 
to  call  forth  the  militia  for  the  purpose  of  suppressing  such  insurrection  or  of  caus 
ing  the  laws  to  be  duly  executed,  it  shall  be  lawful  for  him  to  employ  for  the  same 
purposes  such  part  of  the  land  or  naval  force  of  the  United  States  as  shall  be  judged 
necessary,  having  first  observed  all  the  prerequisites  of  the  law  in  that  respect." 

This  is  the  first  occasion,  so  far  as  the  government  of  a  State  and  its  people  are  con 
cerned,  on  which  it  has  become  necessary  to  consider  of  the  propriety  of  exercising 
those  high  and  most  important  of  constitutional  and  legal  functions. 

By  a  careful  consideration  of  the  above  recited  acts  of  Congress  your  excellency 
will  not  fail  to  see  that  no  power  is  vested  in  the  Executive  of  the  United  States  to 
anticipate  insurrectionary  movements  against  the  government  of  Rhode  Island  so 
as  to  sanction  the  interposition  of  the  military  authority,  but  that  there  must  be  an 
actual  insurrection,  manifested  by  lawless  assemblages  of  the  people  or  otherwise,  to 
whom  a  proclamation  may  be  addressed  and  who  may  be  required  to  betake  them 
selves  to  their  respective  abodes.  I  have,  however,  to  assure  your  excellency  that 
should  the  time  arrive — and  my  fervent  prayer  is  that  it  may  never  come — when  an 
insurrection  shall  exist  against  the  government  of  Rhode  Island,  and  a  requisition 
shall  be  made  upon  the  Executive  of  the  United  States  to  furnish  that  protection 
which  is  guaranteed  to  each  State  by  the  Constitution  and  laws,  I  shall  not  be  found  to 
shrink  from  the  performance  of  a  duty  which,  while  it  would  be  the  most  painful,  is 
at  the  same  time  the  most  imperative.  I  have  also  to  say  that  in  such  a  contingency 
the  Executive  could  not  look  into  real  or  supposed  defects  of  the  existing  government 
in  order  to  ascertain  whether  some  other  plan  of  government  proposed  for  adoption 
was  better  suited  to  the  wants  and  more  in  accordance  with  the  wishes  of  any  portion 
of  her  citizens.  To  throw  the  Executive  power  of  this  Government  into  any  such 
controversy  would  be  to  make  the  President  the  armed  arbitrator  between  the  people 
of  the  different  States  and  their  constituted  authorities,  and  might  lead  to  a  usurped 
power,  dangerous  alike  to  the  stability  of  the  State  governments  and  the  liberties 
of  the  people.  It  will  be  my  duty,  on  the  contrary,  to  respect  the  requisitions  of 
that  government  which  has  been  recognized  as  the  existing  government  of  the  State 
through  all  time  past  until  I  shall  be  advised  in  regular  manner  that  it  has  been 
altered  and  abolished  and  another  substituted  in  its  place  by  legal  and  peaceable  pro 
ceedings  adopted  and  pursued  by  the  authorities  and  people  of  the  State.  Nor  can  I 
readily  bring  myself  to  believe  that  any  such  contingency  will  arise  as  shall  render 


THE    DORK   REBELLION.  267 

the  interference  of  this  Government  at  all  necessary.  The  people  of  the  State  of 
Rhode  Island  have  been  too  long  distinguished  for  their  love  of  order  and  of  regular 
government  to  rush  into  revolution  in  order  to  obtain  a  redress  of  grievances,  real  or 
supposed,  which  a  government  under  which  their  fathers  lived  in  peace  would 
not  in  due  season  redress.  No  portion  of  her  people  will  be  willing  to  drench  her 
fair  fields  with  the  blood  of  their  own  brethren  in  order  to  obtain  a  redress  of 
grievances  which  their  constituted  authorities  can  not  for  any  length  of  time  resist 
if  properly  appealed  to  by  the  popular  voice.  None  of  them  will  be  willing  to  set  an 
example,  in  the  bosom  of  this  Union,  of  such  frightful  disorder,  such  needless  con 
vulsions  of  society,  such  danger  to  life,  liberty,  and  property,  and  likely  to  bring  so 
much  discredit  on  the  character  of  popular  governments.  My  reliance  on  the  virtue, 
intelligence,  ancl  patriotism  of  her  citizens  is  great  and  abiding,  and  I  will  not  doubt 
but  that  a  spirit  of  conciliation  will  prevail  over  rash  councils,  that  all  actual  griev 
ances  wrill  be  promptly  redressed  by  the  existing  government,  and  that  another  bright 
example  will  be  added  to  the  many  already  prevailing  among  the  North  American 
Republics  of  change  without  revolution  and  a  redress  of  grievances  without  force  or 
violence. 
I  tender  to  your  excellency  assurances  of  my  high  respect  and  consideration. 

JOHN  TYLER. 


(11.) 

State  of  Rhode  Island  and  Providence  Plantations,  in  general  assembly,  May 

session,  1842. 

Whereas,  a  portion  of  the  people  of  this  State,  for  the  purpose  of  subverting  the 
laws  and  existing  government  thereof,  have  framed  a  pretended  constitution,  and  for 
the  same  unlawful  purposes  have  met  in  lawless  assemblages  and  elected  officers  for 
the  future  government  of  this  State;  and 

Whereas,  the  persons  so  elected  in  violation  of  lawT,  but  in  conformity  to  the  said 
pretended  constitution,  have,  on  the  3d  day  of  May  instant,  organized  themselves 
into  executive  and  legislative  departments  of  government,  and  under  oath  assumed 
the  duties  and  exercise  of  said  powers;  and 

Whereas,  in  order  to  prevent  the  due  execution  of  the  laws  a  strong  military  force 
was  called  out  and  did  array  themselves  to  protect  the  said  unlawful  organization  of 
government  and  to  set  at  defiance  the  due  enforcement  of  law:  Therefore, 

Resolved  by  the  general  assembly,  That  there  now  exists  in  this  State  an  insurrection 
against  the  laws  and  constituted  authorities  thereof,  and  that,  in  pursuance  of  the 
Constitution  and  laws  of  the  United  States,  a  requisition  be,  and  hereby  is,  made  by 
this  legislature  upon  the  President  of  the  United  States  forthwith  to  interpose  the 
authority  and  power  of  the  United  States  to  suppress  such  insurrectionary  and  law 
less  assemblages,  to  support  the  existing  government  and  laws,  and  protect  the  State 
from  domestic  violence. 

Resolved,  That  his  excellency  the  governor  be  requested  immediately  to  transmit 
a  copy  of  these  resolutions  to  the  President  of  the  United  States. 

True  copy. 

Witness:  HENRY  Bo  WEN, 

Secretary  of  State. 


(12.) 

WASHINGTON,  May  7,  1842. 
The  GOVERNOR  OF  THE  STATE  OF  RHODE  ISLAND. 

SIR:  Your  letter  of  the  4th  instant,  transmitting  resolutions  of  the  legislature  of 
Rhode  Island,  informing  me  that  there  existed  in  that  State  "  certain  lawless  assem 
blages  of  a  portion  of  the  people  "  "for  the  purpose  of  subverting  the  laws  and  over 
throwing  the  existing  government,"  and  calling  upon  the  Executive  "forthwith  to 


268  FEDERAL    AID   IN    DOMESTIC    DISTURBANCES. 

interpose  the  authority  and  power  of  the  United  States  to  suppress  such  insurrec 
tionary  and  lawless  assemblages  and  to  support  the  existing  government  and  laws 
and  protect  the  State  from  domestic  violence,"  was  handed  me  on  yesterday  by 
Messrs.  Randolph  and  Potter. 

I  have  the  honor  to  inform  your  excellency  in  reply  that  my  opinions  as  to  the 
duties  of  this  Government  to  protect  the  State  of  Rhode  Island  against  domestic 
violence  remain  unchanged;  yet  from  information  received  by  the  Executive  since 
your  dispatches  came  to  hand  I  am  led  to  believe  that  the  lawless  assemblages  to 
which  reference  is  made  have  already  dispersed,  and  that  the  danger  of  domestic 
violence  is  hourly  diminishing,  if  it  has  not  wholly  disappeared.  I  have  with  diffi 
culty  brought  myself  at  any  time  to  believe  that  violence  would  be  resorted  to  or  an 
exigency  arise  which  the  unaided  power  of  the  State  could  not  meet,  especially  as  I 
have  from  the  first  felt  persuaded  that  your  excellency  and  others  associated  with 
yourself  in  the  administration  of  the  government  would  exhibit  a  temper  of  concil 
iation  as  well  as  of  energy  and  decision.  To  the  insurgents  themselves  it  ought  to 
be  obvious,  when  the  excitement  of  the  moment  shall  have  passed  away,  that  changes 
achieved  by  regular  and,  if  necessary,  repeated  appeals  to  the  constituted  authorities, 
in  a  country  so  much  under  the  influence  of  public  opinion,  and  by  recourse  to  argu 
ment  and  remonstrance,  are  more  likely  to  insure  lasting  blessings  than  those  accom 
plished  by  violence  and  bloodshed  on  one  day,  and  liable  to  overthrow  by  similar 
agents  on  another. 

I  freely  confess  that  I  should  experience  great  reluctance  in  employing  the  mili 
tary  power  of  this  Government  against  any  portion  of  the  people;  but,  however 
painful  the  duty,  I  have  to  assure  your  excellency  that  if  resistance  be  made  to  the 
execution  of  the  laws  of  Rhode  Island  by  such  force  as  the  civil  power  shall  be 
unable  to  overcome,  it  will  be  the  duty  of  this  Government  to  enforce  the  constitu 
tional  guaranty — a  guaranty  given  and  adopted  mutually  by  all  the  original  States, 
of  which  number  Rhode  Island  was  one,  and  which  in  the  same  way  has  been  given 
and  adopted  by  each  of  the  States  since  admitted  into  the  Union;  and  if  an  exigency 
of  lawless  violence  shall  actually  arise  the  Executive  Government  of  the  United 
States,  on  the  application  of  your  excellency  under  the  authority  of  the  resolutions 
of  the  legislature  already  transmitted,  will  stand  ready  to  succor  the  authorities  of 
the  State  in  their  efforts  to  maintain  a  due  respect  for  the  laws.  I  sincerely  hope, 
however,  that  no  such  exigency  may  occur,  and  that  every  citizen  of  Rhode  Island 
will  manifest  his  love  of  peace  and  good  order  by  submitting  to  the  laws  and  seeking 
a  redress  of  grievances  by  other  means  than  intestine  commotions. 

I  tender  to  your  excellency  assurances  of  my  distinguished  consideration. 

JOHN  TYLER. 


(13.) 
STATE  OP  RHODE  ISLAND  AND  PROVIDENCE  PLANTATIONS. 

A    PROCLAMATION    BY   THOMAS   W.    DORR,   GOVERNOR    AND    COMMANDER   IN    CHIEF    OP   THE 

SAME. 

FELLOW-CITIZENS:  Shortly  after  the  adjournment  of  the  general  assembly  and  the 
completion  of  indispensable  executive  business,  I  was  induced  by  the  request  of  the 
most  active  friends  of  our  cause  to  undertake  the  duty  (which  had  been  previously 
suggested)  of  representing  in  person  the  interests  of  the  people  of  Rhode  Island  in 
other  States  and  at  the  seat  of  the  General  Government.  By  virtue  of  a  resolution  of 
the  general  assembly,  I  appointed  Messrs.  Pearce  and  Anthony  commissioners  for 
the  same  purpose. 

Of  the  proposed  action  of  the  Executive  in  the  affairs  of  our  State  you  have  been 
already  apprised.  In  case  of  the  failure  of  the  civil  posse  (which  expression  was 
intended  by  the  President,  as  I  have  been  informed,  to  embrace  the  military  power) 
to  execute  any  of  the  laws  of  the  charter  assembly,  including  their  law  of  pains  and 


THE    DORR    REBELLION.  269 

penalties  and  of  treason,  as  it  has  been  for  the  first  time  defined,  the  President  inti 
mates  an  intention  of  resorting  to  the  forces  of  the  United  States  to  check  the  move 
ments  of  the  people  of  this  State  in  support  of  their  republican  constitution  recently 
adopted. 

From  a  decision  which  conflicts  with  the  right  of  sovereignty  inherent  in  the  peo 
ple  of  this  State,  and  with  the  principles  which  lie  at  the  foundation  of  a  democratic 
republic,  an  appeal  has  been  taken  to  the  people  of  our  country.  They  understand 
our  cause;  they  sympathize  in  the  injuries  which  have  been  inflicted  upon  us;  they 
disapprove  the  course  which  the  National  Executive  has  adopted  toward  this  State, 
and  they  assure  us  of  their  disposition  and  intention  to  interpose  a  barrier  between 
the  supporters  of  the  people's  constitution  and  the  hired  soldiery  of  the  United 
States.  The  democracy  of  the  country  are  slow  to  move  in  any  matter  which 
involves  an  issue  so  momentous  as  that  which  is  presented  by  the  controversy  in 
Rhode  Island,  but  when  they  have  once  put  themselves  in  motion  they  are  not  to 
be  easily  diverted  from  their  purposes.  They  believe  that  the  people  of  Rhode 
Island  are  in  the  right;  that  they  are  contending  for  equal  justice  in  their  political 
system;  that  they  have  properly  adopted  a  constitution  of  government  for  them 
selves,  as  they  were  entitled  to  do,  and  they  can  not  and  will  not  remain  indifferent 
to  any  act,  from  whatever  motive  it  may  proceed,  which  they  deem  to  be  an  inva 
sion  of  the  sacred  right  of  self-government,  of  which  the  people  of  the  respective 
States  can  not  be  divested. 

As  your  representative,  I  have  been  everywhere  received  \vith  the  utmost  kindness 
and  cordiality.  To  the  people  of  the  city  of  New  York,  who  have  extended  to  us 
the  hand  of  a  generous  fraternity,  it  is  impossible  to  overrate  our  obligation  at  this 
most  important  crisis. 

It  has  become  my  duty  to  say  that  so  soon  as  a  soldier  of  the  United  States  shall 
be  set  in  motion,  by  whatever  direction,  to  act  against  the  people  of  this  State  in  aid 
of  the  charter  government,  I  shall  call  for  that  aid  to  oppose  all  such  force,  which,  I 
am  fully  authorized  to  say,  will  be  immediately  and  most  cheerfully  tendered  to  the 
service  of  the  people  of  Rhode  Island  from  the  city  of  New  York  and  from  other 
places.  The  contest  will  then  become  national,  and  our  State  the  battle  ground  of 
American  freedom. 

As  a  Rhode  Island  man,  I  regret  that  the  constitutional  question  in  this  State  can 
not  be  adjusted  among  our  own  citizens,  but  as  the  minority  have  asked  that  the 
sword  of  the  national  Executive  may  be  thrown  into  the  scale  against  the  people,  it 
is  imperative  upon  them  to  make  the  same  appeal  to  their  brethren  of  the  States — an 
appeal  which  they  are  well  assured  will  not  be  made  in  vain.  They  who  have  been 
the  first  to  ask  assistance  from  abroad  can  have  no  reason  to  complain  of  any  conse 
quences  which  may  ensue. 

No  further  arrests  under  the  law  of  pains  and  penalties,  which  was  repealed  by  the 
general  assembly  of  the  people  at  their  May  session,  will  be  permitted.  I  hereby 
direct  the  military,  under  their  respective  officers,  promptly  to  prevont  the  same  and 
to  release  all  who  may  be  arrested  under  said  law. 

As  requested  by  the  general  assembly,  I  enjoin  upon  the  militia  forthwith  to  elect 
their  company  officers,  and  I  call  upon  volunteers  to  organize  themselves  without 
delay.  The  military  are  directed  to  hold  themselves  in  readiness  for  immediate 
service. 

Given  under  my  hand  and  the  seal  of  the  State,  at  the  city  of  Providence,  this  6th 
day  of  May,  A.  D.  1842. 

[L.  s.]  THOMAS  W.  DORR, 

Governor  and  Commander  in  Chief  of  the  State  of 

Rhode  Island  and  Providence  Plantations. 
By  the  governor's  command: 
WILLIAM  H.  SMITH, 

Secretary  of  State. 


270  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(14.) 

PROVIDENCE,  R.  L,  May  25,  1842. 
The  PRESIDENT  OF  THE  UNITED  STATES. 

SIR:  Since  my  last  communication  the  surface  of  things  in  this  city  and  State  has 
been  more  quiet,  The  complete  dispersing  of  the  insurgents  and  flight  of  their 
leader  on  Wednesday  last  (18th  instant)  seems  to  have  broken  their  strength  and 
prevented  them  from  making  head  openly  in  any  quarter. 

But  another  crisis  now  appears  to  be  approaching.  By  the  private  advices  received 
by  myself  and  the  council  from  our  messengers  in  the  neighboring  States  we  learn 
that  Dorr  and  his  agents  are  enlisting  men  and  collecting  arms  for  the  purpose  of 
again  attempting  to  subvert  by  open  war  the  government  of  this  State.  Those  who 
have  assisted  him  at  home  in  his  extreme  measures  are  again  holding  secret  councils 
and  making  preparations  to  rally  on  his  return.  Companies  of  men  pledged  to  sup 
port  him  have  met  and  drilled  in  the  north  part  of  this  State  during  the  present 
week. 

From  the  forces  which  he  can  collect  among  our  own  citizens  we  have  nothing  to 
fear.  Our  own  military  strength  has  once  scattered  them  and  could  as  easily  do  so 
a  second  time,  but,  if  the  bands  which  are  now  organizing  in  Massachusetts,  Con 
necticut,  and  New  York  should  make  the  incursion  which  they  threaten,  with  Dorr 
at  their  head,  we  have  reason  to  apprehend  a  civil  war  of  the  most  destructive  and 
vindictive  character.  Our  own  forces  might  be  sufficient  to  repel  them,  but,  having 
little  discipline  and  no  officer  of  military  experience  to  lead  them,  they  could  not  do 
it  without  the  loss  of  many  valuable  lives. 

For  the  evidence  that  such  forces  are  organizing  in  other  States,  I  refer  Your  Excel 
lency  to  a  letter  from  Governor  Seward,  of  New  York,  and  to  a  statement  made-  by 
one  of  our  messengers  to  the  council,  which  will  be  handed  you.  Other  messengers 
confirm  to  the  fullest  extent  the  same  intelligence. 

In  this  posture  of  affairs  I  deem  it  my  duty  to  call  upon  Your  Excellency  for  the 
support  guaranteed  by  the  Constitution  and  laws  of  the  United  States  to  this  gov 
ernment.  I  would  submit  to  Your  Excellency  whether  a  movement  of  a  sufficient 
body  of  troops  to  this  quarter,  to  be  stationed  at  Fort  Adams,  and  to  be  subject  to 
the  requisitions  of  the  executive  of  this  State  whenever,  in  his  opinion,  the  exigency 
should  arise  to  require  their  assistance,  would  riot  be  the  best  measure  to  insure 
peace  and  respect  for  the  laws  and  to  deter  invasions. 

You  will  see  by  the  statement  of  the  secret  agent  of  the  Government  that  the  time 
set  for  this  incursion  is  very  near.  The  mustering  of  the  insurgents  and  their  move 
ment  upon  the  city  will  probably  be  with  the  greatest  expedition  when  once  com 
menced — in  a  time  too  short  for  a  messenger  to  reach  Washington  and  return  with 
aid.  I  therefore  make  this  application  before  any  movement  of  magnitude  on  their 
part,  in  order  that  we  may  be  prepared  at  the  briefest  notice  to  quell  domestic 
insurrection  and  repel  invasion. 

SAM.  W.  KING, 
Governor  of  Rhode  Island. 


(15.) 

WASHINGTON  CITY,  May  28,  184-2. 
His  Excellency  Governor  KING. 

SIR:  I  have  received  your  excellency's  communication  of  the  25th  instant,  inform 
ing  me  of  efforts  making  by  Mr.  Dorr  and  others  to  embody  a  force  in  the  con 
tiguous  States  for  the  invasion  of  the  State  of  Rhode  Island,  and  calling  upon  the 
Executive  of  the  United  States  for  military  aid. 

In  answer  I  have  to  inform  your  excellency  that  means  have  been  taken  to  ascer 
tain  the  extent  of  the  danger  of  any  armed  invasion  by  the  citizens  of  other  States 


THE    DORR   REBELLION.  271 

of  the  State  of  Rhode  Island,  either  to  put  down  her  government  or  to  disturb  her 
peace.  The  apparent  improbability  of  a  violation  so  flagrant  and  unprecedented 
of  all  our  laws  and  institutions  makes  me,  I  confess,  slow  to  believe  that  any  serious 
attempts  will  be  made  to  execute  the  designs  which  some  evil-minded  persons  may 
have  formed. 

But  should  the  necessity  of  the  case  require  the  interposition  of  the  authority  of 
the  United  States  it  will  be  rendered  in  the  manner  prescribed  by  the  laws. 

In  the  meantime  I  indulge  a  confident  expectation,  founded  upon  the  recent  mani 
festations  of  public  opinion  in  your  State  in  favor  of  law  and  order,  that  your  own 
resources  and  means  will  be  abundantly  adequate  to  preserve  the  public  peace,  and 
that  the  difficulties  which  have  arisen  will  be  soon  amicably  and  permanently 
adjusted  by  the  exercise  of  a  spirit  of  liberality  and  forbearance. 

JOHN  TYLER. 
[Indorsement.] 

The  Secretary  of  War  will  issue  a  private  order  to  Colonel  Bankhead,  commanding 
at  Newport,  to  employ,  if  necessary,  a  private  and  confidential  person  or  persons  to 
go  into  all  such  places  and  among  all  such  persons  as  he  may  have  reason  to  believe 
to  be  likely  to  give  any  information  touching  Rhode  Island  affairs,  and  to  report 
with  the  greatest  dispatch,  if  necessary,  to  the  President.  He  will  also  address  a 
letter  to  General  Wool,  conveying  to  him  the  fears  entertained  of  a  hostile  invasion 
contemplated  to  place  Dorr  in  the  chair  of  state  of  Rhode  Island  by  persons  in  the 
States  of  Connecticut  and  New  York,  and  also  to  General  Eustis,  at  Boston,  of  a 
similar  character,  with  instructions  to  adopt  such  inquiries  (to  be  secretly  made)  as 
they  may  deem  necessary,  and  to  report  with  the  greatest  dispatch  all  information 
which  from  time  to  time  they  may  acquire.  (Indorsed:)  "  President's  instructions, 
May  28,  1842." 


.(16.) 

WAR  DEPARTMENT,  May  28,  1842. 
Colonel  BANKHEAD, 

Newport,  R.  I. 

SIR:  The  governor  of  Rhode  Island  has  represented  to  the  President  that  prepara 
tions  are  making  by  Mr.  Dorr  and  some  of  his  adherents  to  recruit  men  in  the 
neighboring  States  for  the  purpose  of  supporting  his  usurpation  of  the  powers  of 
government,  and  that  he  has  provided  arms  and  carnp  equipage  for  a  large  number 
of  men.  It  is  very  important  that  we  should  have  accurate  information  on  this  sub 
ject,  and  particularly  in  relation  to  the  movements  made  in  other  States.  I  have 
therefore  to  desire  you  to  employ  proper  persons  to  go  to  the  places  where  it  maybe 
supposed  such  preparations  are  making  to  possess  themselves  fully  of  all  that  is  doing 
and  in  contemplation,  and  report  frequently  to  you.  It  is  said  that  Mr.  Dorr's  principal 
headquarters  are  at  the  town  of  Thompson,  in  the  State  of  Connecticut.  It  may  be 
well  for  you  personally  to  communicate  with  Governor  King  and  ascertain  from  him 
the  points  and  places  at  which  any  preparations  for  embodying  men  are  supposed  to 
be  making,  and  to  direct  your  inquiries  accordingly. 

It  is  important  that  you  should  select  persons  on  whose  integrity  and  accuracy  the 
fullest  reliance  can  be  placed.  They  should  not  be  partisans  on  either  side,  although 
to  effect  the  object  it  will,  of  course,  be  necessary  that  some  of  them  should  obtain 
(if  they  do  not  already  possess)  the  confidence  of  the  friends  of  Mr.  Dorr.  You 
will  please  communicate  directly  to  me  all  the  information  you  obtain  and  your  own 
views  of  it. 

It  is  scarcely  necessary  to  say  that  this  communication  is  of  the  most  private  and 
confidential  character,  and  it  is  not  to  be  made  known  to  anyone. 
Respectfully,  your  obedient  servant, 

J.  C.  SPENCER. 


272  .     FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(17.) 

WAR  DEPARTMENT,  May  29,  1842. 
Brigadier-General  EUSTIS, 

Boston. 

SIR:  The  governor  of  Rhode  Island  has  represented  to  the  President  that  prepara 
tions  are  making  in  other  States  (particularly  in  Massachusetts)  for  an  armed  inva 
sion  of  that  State  to  support  the  usurpation  of  Mr.  Dorr  and  his  friends  and  foment 
domestic  insurrection.  It  is  very  important  that  we  should  have  accurate  informa 
tion  on  this  subject,  and  I  have  to  desire  you  to  take  all  necessary  means  to  acquire 
it,  and  communicate  directly  to  me  as  speedily  and  frequently  as  possible.  It  is  said 
that  1,000  stand  of  arms  have  been  procured  in  Boston,  some  pieces  of  artillery,  and 
a  large  quantity  of  camp  equipage  for  the  use  of  the  insurgents.  Your  attention  to 
this  is  particularly  desired  to  ascertain  its  truth  or  falsehood.  It  is  also  stated  that 
there  are  200  men  enrolled  and  embodied  in  a  town  upon  the  borders  of  Rhode 
Island,  the  name  of  which  has  escaped  me.  Please  inquire  into  this.  If  it  becomes 
necessary  to  employ  confidential  persons  to  discover  what  is  doing,  you  will  do  so, 
being  careful  to  select  those  only  that  are  entirely  trustworthy;  and  it  will  be  desir 
able  to  avoid  heated  partisans  on  either  side.  Their  inquiries  should  be  conducted 
quietly  and  privately. 

I  desire  you  to  communicate  fully  and  freely  what  you  may  learn  and  your  views 
concerning  it  for  the  information  of  the  President  and  the  Department. 

It  is  scarcely  necessary  to  say  that  this  communication  is  strictly  private  and  con 
fidential. 

Respectfully,  your  obedient  servant,  J.  C.  SPENCER. 


(18.) 

EXECUTIVE  DEPARTMENT, 

Providence,  June  23,  1842. 
His  Excellency  JOHN  TYLER, 

President  of  the  United  States. 

SIR:  After  my  last  communication  the  excitement  and  military  operations  of  the 
insurgents  against  the  government  of  this  State  appeared  to  subside,  and  I  indulged 
in  hopes  that  no  open  violence  would  be  attempted,  but  that  they  were  disposed  to 
await  the  action  of  the  general  assembly,  now  in  session  at  Newport.  I  regret  that 
I  am  obliged  to  inform  Your  Excellency  that  within  a  few  days  past  appearances 
have  become  more  alarming.  Several  iron  cannon  have  been  stolen  from  citizens  of 
Providence,  and  during  the  night  of  the  19th  a  powder  house,  owned  by  a  merchant 
of  Providence,  was  broken  open  and  about  1,200  pounds  of  powder  stolen  therefrom. 
Yesterday  the  military  operations  of  the  insurgents  became  more  decided  in  their 
character.  At  Woonsocket  and  Chepachet  there  were  gatherings  of  men  in  military 
array,  pretending  to  act  under  the  authority  of  Thomas  W.  Dorr.  They  established 
a  kind  of  martial  law  in  those  villages,  stopped  peaceable  citizens  in  the  highways, 
and  at  Chepachet  four  citizens  of  Providence  were  seized  by  an  armed  force,  pinioned 
and  compelled  to  march  about  10  miles  under  a  guard  of  about  forty  men  to  Woon 
socket,  where  they  were  cruelly  treated  under  pretense  of  being  spies.  The  insur 
gents  are  provided  with  cannon,  tents,  ammunition,  and  stores. 

It  is  ascertained  that  Thomas  W.  Dorr  has  returned  from  the  city  of  New  York  to 
the  State  of  Connecticut,  and  I  have  reason  to  believe  he  will  be  at  Chepachet  this 
day,  where  he  will  concentrate  what  forces  he  has  already  under  arms  with  such 
others  as  he  can  collect.  Those  already  assembled  are  composed  of  citizens  of  other 
States  as  well  as  of  our  own,  and  are  variously  estimated  at  500  to  1,000  men. 

I  have  this  morning  had  an  interview  with  Colonel  Bankhead,  who  will  communi- 


THE    DOER    REBELLION.  273 

cate  to  the  War  Department  such  facts  as  have  come  to  his  knowledge.  I  would 
further  state  to  Your  Excellency  that  in  those  villages  and  their  vicinity  the  civil 
authority  is  disregarded  and  paralyzed. 

Under  these  circumstances  I  respectfully  submit  to  Your  Excellency  that  the  crisis 
has  arrived  when  the  aid  demanded  by  the  legislature  of  the  State  from  the  Federal 
Government  is  imperatively  required  to  furnish  that  protection  to  our  citizens  from 
domestic  violence  which  is  guaranteed  by  the  Constitution  and  laws  of  the  United 
States. 

I  confidently  trust  that  Your  Excellency  will  adopt  such  measures  as  will-  afford 
us  prompt  and  efficient  relief. 

I  remain,  with  great  consideration,  your  obedient  servant, 

SAM.  W.  KING. 


(19.) 

WASHINGTON,  June  ,?.5,  1842. 
Governor  KING. 

SIR:  Your  letter  of  the  23d  instant  was  this  day  received  by  the  hands  of  Governor 
Sprague,  together  with  the  documents  accompanying  the  same.  Your  excellency 
has  unintentionally  overlooked  the  fact  that  the  legislature  of  Rhode  Island  is  now 
in  session.  The  act  of  Congress  gives  to  the  Executive  of  the  United  States  no  power 
to  summon  to  the  aid  of  the  State  the  military  force  of  the  United  States  unless  an 
application  shall  be  made  by  the  legislature,  if  in  session;  and  that  the  State  execu 
tive  can  not  make  such  application  except  when  the  legislature  can  not  be  convened. 
(See  act  of  Congress,  February  28,  1795.) 

I  presume  that  your  excellency  has  been  led  into  the  error  of  making  this  applica 
tion  (the  legislature  of  the  State  being  in  session  at  the  date  of  your  dispatch)  from 
a  misapprehension  of  the  true  import  of  my  letter  of  7th  May  last.  I  lose  no  time  in 
correcting  such  misapprehension  if  it  exist. 

Should  the  legislature  of  Rhode  Island  deem  it  proper  to  make  a  similar  applica 
tion  to  that  addressed  to  me  by  your  excellency,  their  communication  shall  receive 
all  the  attention  which  will  be  justly  due  to  the  high  source  from  which  such  appli 
cation  shall  emanate. 

I  renew  to  your  excellency  assurances  of  high  consideration. 

J.  TYLER. 


(20.) 

PROVIDENCE,  R.  L.  June  27,  1842. 

SIR:  As  there  was  no  mail  yesterday  from  this,  I  could  make  no  report  to  the 
major-general  commanding  of  the  military  movements  in  this  quarter  up  to  that 
time.  Since  my  last  letter  to  you  most  of  the  volunteers  and  other  military  com 
panies  called  out  by  the  governor  have  assembled  here,  to  the  amount  of  about  2,000 
men.  The  force  of  the  insurgents  under  the  immediate  direction  of  Mr.  Dorr,  and 
concentrated  at  Chepachet,  is  estimated  at  from  800  to  1,000  men  armed  with  muskets, 
about  1,500  without  arms,  and  ten  or  twelve  cannon  mounted. 

It  seems  to  be  impossible  to  avoid  a  conflict  between  the  contending  parties  with 
out  the  interposition  of  a  strong  Regular  force. 

The  State  force  here  can  defend  this  city,  and  it  might  successfully  attack  the 
insurgent  force  at  Chepachet;  but  there  would  be  danger  in  leaving  the  city  without 
adequate  means  of  protection  to  it,  as  there  is  doubtless  a  large  number  within  the 
city,  with  concealed  arms,  ready  to  commence  hostilities. 
S.  Doc.  209 18 


274  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

The  position  taken  by  Dorr's  troops  at  Chepachet'  is  naturally  strong,  and  has 
been  much  strengthened  by  intrenchments,  etc.  It  would,  therefore,  be  highly 
imprudent  to  make  the  attack,  even  if  no  secret  foes  were  left  behind  within  the 
city,  without  a  positive  certainty  of  success;  and  with  the  aid  of  a  few  disciplined 
troops  a  defeat  there  would  be  ruinous  and  irreparable. 

A  force  of  300  Regular  troops  would  insure  success,  and  probably  without  blood 
shed. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

JA.S.  BANKHEAD, 

Colonel,  Second  Regiment  Artillery. 
The  SECRETARY  OF  WAR, 

Washington,  D.  C. 


(21.) 

WASHINGTON,  June  27,  1842. 
The  PRESIDENT  OF  THE  UNITED  STATES. 

SIR:  The  intelligence  from  Rhode  Island  since  the  call  was  made  on  you  by  the 
Senators  of  that  State  is  of  a  character  still  more  serious  and  urgent  than  that  then 
communicated  to  you  by  Mr.  Sprague,  who  was  charged  with  communications  to 
Your  Excellency  from  Governor  King.  We  are  informed  that  a  requisition  was 
made  upon  the  Government  of  the  United  States  by  the  governor  of  Rhode  Island, 
pursuant  to  resolutions  passed  by  the  general  assembly  of  that  State  when  in  session 
in  May  last,  calling  for  a  proclamation  against  those  engaged  in  an  armed  rebellion 
against  the  government  of  Rhode  Island  and  for  military  aid  in  suppressing  the 
same;  that  Your  Excellency  replied  to  Governor  King  that  in  the  opinion  of  the 
Executive  the  force  arrayed  against  the  government  of  the  State  was  not  then  such 
as  to  warrant  immediate  action  on  his  part,  but  that  Your  Excellency  in  your  reply 
proceeded  to  say:  "  If  an  exigency  qf  lawless  violence  shall  actually  arise,  the  Execu 
tive  Government  of  the  United  States,  on  the  application  of  your  excellency  under 
the  authority  of  the  resolutions  of  the  legislature  already  submitted,  will  stand 
ready  to  succor  the  authorities  of  the  State  in  their  efforts  to  maintain  a  due  respect 
for  the  laws."  Whereby  it  was  understood  that  in  the  event  of  the  assembling  of 
such  an  armed  force  as  would  require  the  interference  contemplated  by  the  Consti 
tution  and  laws  of  the  United  States,  the  Executive  of  the  United  States,  upon 
being  duly  notified  of  the  fact  by  the  governor  of  the  State,  would  act  upon  the 
requisition  already  made  by  the  legislature  without  further  action  on  the  part  of 
that  body. 

We  understand  that  upon  this  notice  being  given  through  the  communications 
handed  you  by  Mr.  Sprague  on  Saturday,  containing  proof  of  the  existence  and  array 
of  a  large  body  of  armed  men  within  the  State  of  Rhode  Island,  who  had  already 
committed  acts  of  lawless  violence,  both  by  depredating  largely  upon  property  in 
various  parts  of  the  State  and  by  capturing  and  confining  citizens,  as  well  as  owning 
and  manifesting  a  determination  to  attack  the  constituted  authorities,  you  considered 
that  it  was  desirable  that  this  communication  should  have  been  accompanied  with  a 
further  resolution  of  the  general  assembly  authorizing  the  governor  to  act  in  this 
instance,  from  the  fact  that  the  assembly  was  then  in  session  by  adjournment. 

It  is  the  purpose  of  this  communication  respectfully  to  state  that  we  conceive  the 
existing  circumstances  call  for  the  immediate  action  of  the  Executive  upon  the  infor 
mation  and  papers  now  in  its  possession. 

The  meeting  of  the  legislature  during  the  last  week  was  by  adjournment.  It  is  in 
law  regarded  as  the  May  session  of  the  general  assembly,  and  can  be  regarded  in  no 
other  light  than  if  it  had  been  a  continuous  session  of  that  body  held  from  day  to  day 
by  usual  adjournments.  Had  this  last  been  the  case,  it  can  not  be  conceived  that 


THE    DOER    REBELLION.  275 

new  action  on  its  part  would  have  been  required  to  give  notice  of  any  movements  of 
hostile  forces  engaged  in  the  same  enterprise  which  was  made  known  to  the  Execu 
tive  by  its  resolutions  of  May  last. 

Our  intelligence  authorizes  us  to  believe  that  a  multitude  of  lawless  and  violent 
men,  not  citizens  of  .Rhode  Island,  but  inhabitants  of  other  States,  wickedly  induced 
by  pay  and  by  hopes  of  spoil,  and  perhaps  instigated  also  by  motives  arising  from 
exasperation  on  the  part  of  their  instigators  and  of  themselves  at  the  course  hereto 
fore  indicated  in  this  matter  by  the  Executive  Government  of  the  Union,  have  con 
gregated  themselves  and  are  daily  increasing  their  numbers  within  the  borders  of 
our  State,  organized,  armed,  and  arrayed  in  open  war  upon  the  State  authorities,  and 
ready  to  be  led,  and  avowedly  about  to  be  led,  to  the  attack  of  the  principal  city  of 
the  State  as  part  of  the  same  original  plan  to  overthrow  the  government,  and  that  in 
the  prosecution  of  this  plan  our  citizens  have  reason  to  apprehend  the  most  desperate 
and  reckless  assaults  of  ruffianly  violence  upon  their  property,  their  habitations,  and 
their  lives. 

We  beg  leave  to  refer  you,  in  addition,  to  a  letter  which  we  understand  was 
received  yesterday  by  General  Scott  from  Colonel  Bankhead,  detailing  some  infor 
mation  in  his  possession. 

We  therefore  respectfully  request  an  immediate  compliance  on  the  part  of  the 
Executive  with  the  requisition  communicated  in  the  papers  from  Governor  King  as 
the  most  effectual,  and,  in  our  opinion,  the  only  measure  that  can  now  prevent  the 
effusion  of  blood  and  the  calamities  of  intestine  violence,  if  each  has  not  already 
occurred. 

We  are,  with  the  highest  respect,  Your  Excellency's  obedient  servants, 

JAMES  F.  SIMMONS, 

WM.  SPRAGUE, 

JOSEPH  L.  TILLINGHAST. 


WASHINGTON,  June  2i 
The  SECRETARY  OF  WAR. 

SIR:  From  the  official  communication  of  Colonel  Bankhead  to  you,  this  day  laid 
before  me,  it  is  evident  that  the  difficulties  in  Rhode  Island  have  arrived  at  a  crisis 
which  may  require  a  prompt  interposition  of  the  Executive  of  the  United  States  to 
prevent  the  effusion  of  blood.  From  the  correspondence  already  had  with  the  gov 
ernor  of  Rhode  Island,  I  have  reason  to  expect  that  a  requisition  will  be  immediately 
made  by  the  government  of  that  State  for  the  assistance  guaranteed  by  the  Constitu 
tion  to  protect  its  citizens  from  domestic  violence.  With  a  view  to  ascertain  the 
true  condition  of  things  and  to  render  the  assistance  of  this  Government  (if  any  shall 
be  required)  as  prompt  as  may  be,  you  are  instructed  to  proceed  to  Rhode  Island, 
and,  in  the  event  of  a  requisition  being  made  upon  the  President  in  conformity  with 
the  laws  of  the  United  States,  you  will  cause  the  proclamation  herewith  delivered  to 
be  published.  And  should  circumstances,  in  your  opinion,  render  it  necessary,  you 
will  also  call  upon  the  governors  of  Massachusetts  and  Connecticut,  or  either  of  them, 
for  such  number  and  description  of  the  militia  of  their  respective  States  as  may  be 
sufficient  to  terminate  at  once  the  insurrection  in  Rhode  Island.  And  in  the  mean 
time  the  troops  in  the  vicinity  of  Providence  may  with  propriety  lie  placed  in  such 
positions  as  will  enable  them  to  defend  that  city  from  assault. 

JOHN  TYLER. 


276  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

[Inclosure.] 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  the  legislature  of  the  State  of  Rhode  Island  has  applied  to  the  President 
of  the  United  States  setting  forth  the  existence  of  a  dangerous  insurrection  in  that 
State,  composed  partly  of  deluded  citizens  of  the  State,  but  chiefly  of  intruders  of 
dangerous  and  abandoned  character  coming  from  other  States,  and  requiring  the 
immediate  interposition  of  the  constitutional  power  vested  in  him  to  be  exercised  in 
such  cases,  I  do  issue  this  my  proclamation,  according  to  law,  hereby  commanding 
all  insurgents,  and  all  persons  connected  with  said  insurrection  to  disperse  and  retire 
peaceably  to  their  respective  abodes  within  twenty-four  hours  from  the  time  when 
this  proclamation  shall  be  made  public  in  Rhode  Island. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  to  be  hereunto 
affixed,  and  signed  the  same  with  my  hand. 

Done  at  the  city  of  Washington,  this day  of  -     — ,  A.  P.  1842,  and  of  the 

Independence  of  the  United  States  the  sixty-sixth. 

[L.  s.]  JOHN  TYLER. 

By  the  President: 
DANL.  AVEBSTER, 

Secretary  of  State. 


(23.) 

[Proclamation  of  Governor  King,  temporarily  suspending  martial  law  in  Rhode  Island,  dated  August 

8,  1842.] 

BY  His  EXCELLENCY  SAMUEL  WARD  KING,  GOVERNOR,  CAPTAIN -GENERAL,  COM 
MANDER-IN-CHIEF  OF  THE  STATE  OF  RHODE  ISLAND  AND  PROVIDENCE  PLANTA 
TIONS. 

A  PROCLAMATION. 

Whereas,  the  general  assembly  of  the  State  of  Rhode  Island  and  Providence  Plan 
tations  did,  on  the  25th  day  of  June  last,  pass  the  following  act,  vi/: 

"AN  ACT  establishing  martial  law  in  this  State. 

' ' Be  it  enacted  by  the  general  assembly  as  follows: 

"SECTION  1.  The  State  of  Rhode  Island  and  Providence  Plantations  is  hereby 
placed  under  martial  law;  and  the  same  is  declared  to  be  in  full  force  until  other 
wise  ordered  by  the  general  assembly,  or  suspended  by  proclamation  of  his  excel 
lency  the  governor  of  the  State." 

I  do,  therefore,  pursuant  to  the  authority  aforesaid  and  by  the  advice  of  the  coun 
cil,  hereby  suspend  the  operation  of  said  act  from  the  date  hereof  until  the  1st  day 
of  September  next,  and  the  same  is  suspended  accordingly. 

In  testimony  whereof,  I  have  caused  the  seal  of  said  State  to  be  affixed  to  these 
presents,  and  have  signed  the  same  with  my  hand.  Given  at  the  city  of  Providence, 
on  the  8th  day  of  August  In  the  year  of  our  Lord  eighteen  hundred  and  forty-two, 
and  of  the  Independence  of  the  United  States  of  America  the  sixty-seventh. 

[L.  s.]  SAMUEL  WARD  KING. 

By  his  excellency's  command: 
HENRY  BOWEN, 

Secretary  of  State. 


DISTUKBANCES    IN    KANSAS.  27? 

(24.) 

[Proclamation  of  Governor  King,  indefinitely  suspending  martial  law  in  Rhode  Island,  dated  August 

30,  1842.] 

BY  His  EXCELLENCY  SAMUEL  WARD  KING,  GOVERNOR,  CAPTAIN  -  GENERAL,  AND 
COMMANDER-IN-CHIEF  OF  THE  STATE  OF  RHODE  ISLAND  AND  PROVIDENCE  PLAN 
TATIONS. 

A  PROCLAMATION. 

"Whereas,  the  general  assembly  of  said  State,  011  the  25th  day  of  June  last,  passed 
the  act  following,  viz: 

"AN  ACT  establishing  martial  law  in  this  State. 

11  Be  it  enacted  by  the  general  assembly  as  follows: 

"SECTION  1.  The  State  of  Rhode  Island  and  Providence  Plantations  is  hereby 
placed  under  martial  law;  and  the  same  is  declared  to  be  in  full  force  until  otherwise 
ordered  by  the  general  assembly,  or  suspended  by  proclamation  of  his  excellency 
the  governor  of  the  State." 

And  whereas,  on  the  8th  day  of  August  instant,  I  issued  a  proclamation  suspending 
the  operation  of  said  act  until  the  1st  day  of  September  then  next;  I  do  now,  there 
fore,  pursuant  to  the  authority  in  said  act  to  me  given,  and  by  advice  of  the  council, 
hereby  further  suspend  the  operation  of  said  act  on  and  after  the  said  1st  day  of 
September,  indefinitely. 

Given  under  my  hand  and  seal  of  said  State,  at  the  city  of  Providence,  this  30th 
day  of  August,  in  the  year  of  our  Lord  eighteen  hundred  and  forty-two,  and  of  the 
Independence  of  the  United  States  of  America  the  sixty-seventh. 

[L.  s.]  SAMUEL  WARD  KING. 

True  copy. 

Witness: 

HENRY  BOWEX, 

Secretary. 


DISTURBANCES  IN  KANSAS. 

(25.) 
[By  telegraph.] 

WESTPORT,  Mo.,  December  1,  1855. 

I  desire  authority  to  call  on  the  United  States  forces  at  Leaven  worth  to  preserve 
the  peace  of  this  Territory,  to  protect  the  sheriff  of  Douglas  County,  and  enable 
him  to  execute  the  legal  process  in  his  hands.  If  the  laws  are  not  executed,  civil 
war  is  inevitable.  An  armed  force  of  1,000  men,  with  all  the  implements  of  war,  it 
is  said,  are  at  Lawrence.  They  have  rescued  a  prisoner  from  the  sheriff,  burnt 
houses,  and  threatened  the  lives  of  citizens.  Immediate  assistance  is  desired.  This 
is  the  only  means  to  save  bloodshed. 

Particulars  by  mail.  WILSON  SHANNON. 

His  Excellency  FRANKLIN  PIERCE. 

(Received,  Washington,  December  3,  1855,  10  o'clock  5  minutes  a.  in.) 


278  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 


DECEMBER  8,  isr>r>. 

Your  dispatch  is  received.  All  the  power  vested  in  the  Executive  will  be  exerted 
to  preserve  order  and  enforce  the  laws.  On  the  receipt  of  your  letter  the  preliminary 
measures  necessary  to  be  taken  before  calling  out  troops  will  In1  promptly  executed, 
and  you  will  then  be  fully  advised. 

FRANKLIN  PIERCE. 
WILSON  SHANNON, 

Governor  of  the  Territory  of  Kansas. 


(27.) 

LAWRENCE,  KANS.  TER.,  January  21,  185f>. 

SIR:  We  have  authentic  information  that  an  overwhelming  force  of  the  citizens  of 
Missouri  are  organizing  upon  our  border,  amply  supplied  with  artillery,  for  the 
avowed  purpose  of  invading  this  Territory,  demolishing  our  towns,  and  butchering 
our  unoffending  free  State  citizens.  We  respectfully  demand,  on  behalf  of  the  citi 
zens  of  Kansas,  that  the  commandants  of  the  United  States  troops  in  this  vicinity  be 
immediately  instructed  to  interfere  to  prevent  such  an  inhuman  outrage. 
Respectfully, 

J.  H.  LANE, 
Chairman  Executive  Committee,  Kansas  Terrltori/. 

C.  ROBINSON, 

Chairman  Committee  of  Safety. 
Attest: 

J.  H.  GOODIN, 

Secretary  Executive  Committee,  Kansas  Territory. 
GEO.  W.  DEITZLER, 

Secretary  Committee  of  Safety. 
FRANKLIN  PIERCE, 

President  United  States. 


(28.) 

LAWRENCE  CITY,  January  23,  1856. 

SIR:  We  notified  you  that  an  overwhelming  force,  supplied  with  artillery,  was 
organizing  upon  our  border  for  the  avowed  purpose  of  invading  Kansas,  demolish 
ing  the  towns,  and  butchering  the  unoffending  free  State  citizens— they  constituting 
nineteen-twentieths  of  the  entire  population.  In  addition  to  the  relief  respectfully 
demanded  in  that  notice,  we  earnestly  request  you  to  issue  your  proclamation  imme 
diately,  forbidding  the  invasion.  We  trust  there  may  be  no  delay  in  taking  so 
important  a  step  to  prevent  an  outrage  which,  if  carried  out  as  planned,  will  stand 
forth  without  a  parallel  in  the  world's  history. 

Yours,  respectfully,  J.  H.  LANE, 

Chairman  Executive  Committee,  Kansas  Territory. 

C.  ROBINSON, 

Chairman  Committee  of  Safety. 
PRESIDENT  OF  THE  UNITED  STATES. 


DISTURBANCES    IN    KANSAS.  279 

(29.) 

BY  THE  PRESIDENT  OF  TTTE  UNITED  STATES  OF  AMERICA. 
A  PROCLAMATION. 

Whereas,  indications  exist  that  public  tranquillity  and  the  supremacy  of  law  in  the 
Territory  of  Kansas  are  endangered  by  the  reprehensible  acts  or  purposes  of  persons, 
both  within  and  without  the  same,  who  propose  to  direct  and  control  its  political 
organization  by  force;  it  appearing  that  combinations  have  been  formed  therein  to 
resist  the  execution  of  the  Territorial  laws,  and  thus  in  effect  subvert  by  violence  all 
present  constitutional  and  legal  authority;  it  also  appearing  that  persons  residing 
without  the  Territory,  but  near  its  borders,  contemplate  armed  intervention  in  the 
affairs  thereof;  it  also  appearing  that  other  persons,  inhabitants  of  remote  States, 
are  collecting  money,  engaging  men,  and  providing  arms  for  the  same  purpose;  and 
it  further  appearing  that  combinations  within  the  Territory  are  endeavoring,  by  the 
agency  of  emissaries  and  otherwise,  to  induce  individual  States  of  the  Union  to 
intervene  in  the  affairs  thereof,  in  violation  of  the  Constitution  of  the  United  States; 

And  whereas,  all  such  plans  for  the  determination  of  the  future  institutions  of  the 
Territory,  if  carried  into  action  from  within  the  same,  wdll  constitute  the  fact  of 
insurrection,  and  if  from  without,  that  of  invasive  aggression,  and  will  in  either  case 
justify  and  require  the  forcible  interposition  of  the  whole  power  of  the  General 
Government,  as  well  to  maintain  the  laws  of  the  Territory  as  those  of  the  Union: 

Now,  therefore,  I,  Franklin  Pierce,  President  of  the  Unfted  States,  do  issue  this 
my  proclamation  to  command  all  persons  engaged  in  unlawful  combinations  against 
the  constituted  authority  of  the  Territory  of  Kansas,  or  of  the  United  States,  to  dis 
perse  and  retire  peaceably  to  their  respective  abodes;  and  to  warn  all  such  persons 
that  any  attempted  insurrection  in  said  Territory,  or  aggressive  intrusion  into  the 
same,  will  be  resisted  not  only  by  the  employment  of  the  local  militia,  but  also  by 
that  of  any  available  forces  of  the  United  States,  to  the  end  of  assuring  immunity 
from  violence  and  full  protection  to  the  persons,  property,  and  civil  rights  of  all 
peaceable  and  law-abiding  inhabitants  of  the  Territory. 

If,  in  any  part  of  the  Union,  the  fury  of  faction  or  fanaticism,  inflamed  into  disre 
gard  of  the  great  principles  of  popular  sovereignty,  wrhich,  under  the  Constitution, 
are  fundamental  in  the  whole  structure  of  our  institutions,  is  to  bring  on  the  country 
the  dire  calamity  of  an  arbitrament  of  arms  in  that  Territory,  it  shall  be  between 
lawless  violence  on  the  one  side  and  conservative  force  on  the  other,  wielded  by 
legal  authority  of  the  General  Government. 

I  call  on  the  citizens,  both  of  adjoining  and  of  distant  States,  to  abstain  from 
unauthorized  intermeddling  in  the  local  concerns  of  the  Territory,  admonishing 
them  that  its  organic  law  is  to  be  executed  with  impartial  justice,  that  all  individual 
acts  of  illegal  interference  will  incur  condign  punishment,  and  that  any  endeavor  to 
intervene  by  organized  force  will  be  firmly  withstood. 

I  invoke  all  good  citizens  to  promote  order  by  rendering  obedience  to  the  law;  to 
seek  remedy  for  temporary  evils  by  peaceful  means;  to  discountenance  and  repulse 
the  counsels  and  the  instigations  of  agitators  and  of  disorganizes;  and  to  testify  their 
attachment  to  their  country,  their  pride  in  its  greatness,  their  appreciation  of  the 
blessings  they  enjoy,  and  their  determination  that  republican  institutions  shall  not 
fail  in  their  hands,  by  cooperating  to  uphold  the  majesty  of  the  laws  and  to  vindi 
cate  the  sanctity  of  the  Constitution. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the 
United  States  to  be  affixed  to  these  presents. 

Done  at  the  city  of  Washington,  the  llth  day  of  February,  in  the  year  of  our  Lord 


280  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

eighteen  hundred  and  fifty-six,  and  of  the  Independence  of  the  United  States  the 
eightieth. 

[L.  s.]  FRANKLIN  PIERCE. 

By  the  President: 
W.  L.  MARCY, 

Secretary  of  Ktatc. 


(30.) 

WAR  DEPARTMENT, 

Washington,  February  1,~>,  1850. 

SIR:  The  President  has,  by  proclamation,  warned  all  persons  combined  for  insur 
rection  or  invasive  aggression  against  the  organized  government  of  the  Territory  of 
Kansas,  or  associated  to  resist  the  due  execution  of  the  laws  therein,  to  abstain  from 
such  revolutionary  and  lawless  proceedings,  and  has  commanded  them  to  disperse  and 
retire  peaceably  to  their  respective  abodes,  on  pain  of  being  resisted  by  his  whole 
constitutional  power.  If,  therefore,  the  governor  of  the  Territory,  finding  the  ordi 
nary  course  of  judicial  proceedings  and  the  powers  vested  in  United  States  marshals 
inadequate  for  the  suppression  of  insurrectionary  combinations  or  armed  resistance 
to  the  execution  of  the  law,  should  make  requisition  upon  you  to  furnish  a  military 
force  to  aid  him  in  the  performance  of  that  official  duty,  you  are  hereby  directed  to 
employ  for  that  purpose  such  part  of  your  command  as  may  in  your  judgment  con 
sistently  be  detached  from  their  ordinary  duty. 

In  executing  this  delicate  function  of  the  military  power  of  the  United  States,  you 
will  exercise  much  caution,  to  avoid,  if  possible,  collision  with  even  insurgent  citi 
zens,  and  will  endeavor  to  suppress  resistance  to  the  laws  and  constituted  authorities 
by  that  moral  force  which,  happily,  in  our  country,  is  ordinarily  sufficient  to  secure 
respect  to  the  laws  of  the  land  and  the  regularly  constituted  authorities  of  the  Gov 
ernment.  You  will  use  a  sound  discretion  as  to  the  moment  at  wrhich  the  further 
employment  of  the  military  force  maybe  discontinued,  and  avail  yourself  of  the  first 
opportunity  to  return  writh  your  command  to  the  more  grateful  and  prouder  service 
of  the  soldier,  that  of  the  common  defense. 

For  your  guidance  in  the  premises  you  are  referred  to  the  acts  of  28th  of  February, 
1795,  and  3d  of  March,  1807  (see  Military  Laws,  pp.  301  and  123),  and  to  the  proc 
lamation  of  the  President,  a  copy  of  which  is  herewith  transmitted. 

Should  you  need  further  or  more  specific  instructions,  or  should,  in  the  progress 
of  events,  doubts  arise  in.  your  mind  as  to  the  course  which  it  may  be  proper  for  you 
to  pursue,  you  will  communicate  directly  with  this  Department,  stating  the  points 
upon  which  you  wish  to  be  informed. 

Very  respectfully,  your  obedient  servant, 

JEFFERSON  DAVIS, 

Secretary  of  War. 
Col.  EDWIN  V.  SUMXER  and 
Lieut.  Col.  P.  ST.  GEORGE  COOKE. 


(31.) 

DEPARTMENT  OF  STATE, 
Washington,  February  16,  185(j. 

SIR:  I  herewith  inclose  to  you  a  copy  of  a  proclamation  by  the  President,  dated 
the  llth  instant,  duly  authenticated,  and  also  a  copy  of  orders  issued  from  the 
Department  of  War  to  Colonel  Sumner  and  Brevet  Colonel  Cooke,  of  the  United 
States  Army. 

The  President  is  unwilling  to  believe  that,  in  executing  your  duties  as  governor  of 
the  Territory  .of  Kansas,  there  will  be  any  occasion  to  call  in  the  aid  of  the  United 


DISTURBANCES    IN    KANSAS.  281 

States  troops  for  that  purpose,  and  it  is  enjoined  upon  you  to  do  all  that  possibly  can 
be  done  before  resorting  to  that  measure;  yet  if  it  becomes  indispensably  necessary 
to  do  so  in  order  to  execute  the  laws  and  preserve  the  peace,  you  are  hereby  author 
ized  by  the  President  to  make  requisitions  upon  the  officers  commanding  the  United 
States  military  forces  at  Fort  Leavenworth  and  Fort  Kiley  for  such  assistance  as  may 
be  needed  for  the  above  specified  purpose. 

While  confiding  in  the  respect  of  our  citizens  for  the  laws,  and  the  efficiency  of 
the  ordinary  means  provided  for  protecting  their  rights  and  property,  he  deems  it, 
however,  not  improper,  considering  the  peculiar  situation  of  affairs  in  the  Territory 
of  Kansas,  that  you  should  be  authorized  to  have  the  power  herein  conferred,  with 
a  view  to  meet  any  extraordinary  emergency  that  may  arise,  trusting  that  it  will  not 
be  used  until  you  shall  find  a  resort  to  it  unavoidable  in  order  to  insure  the  due  exe 
cution  of  the  laws  and  to  preserve  the  public  peace. 

Before  any  actual  interposition  of  the  military  force  on  any  occasion,  you  will 
cause  the  proclamation  of  the  President,  with  which  you  are  herewith  furnished,  to 
be  publicly  read. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

W.  L.  MARCY. 

Hon.  WILSON  SHANNON, 

Governor  of  the  Territory  of  Kansas. 


(32.) 

DEPARTMENT  OF  STATE, 
Washington.  September  2,  1856. 

SIR:  Reliable  information  having  reached  the  President  that  armed  and  organized 
bodies  of  men,  avowedly  in  rebellion  against  the  Territorial  government,  have  con 
centrated  in  such  numbers  as  to  require  additional  military  forces  for  their  dispersion, 
you  will  have  the  militia  of  the  Territory  completely  enrolled  and  organized,  to  the 
end  that  they  may  on  short  notice  be  brought  into  the  service  of  the  United  States. 
Upon  requisition  of  the  commander  of  the  military  department  in  which  Kansas  is 
embraced  you  will  furnish  by  companies,  or  regiments,  or  brigades,  or  divisions, 
such  number  and  composition  of  troops  as  from  time  to  time  you  may  find  in  his 
report  to  you  to  be  necessary  for  the  suppression  of  all  combinations  to  resist  the 
laws  of  the  United  States  too  powerful  to  be  suppressed  by  the  civil  authority,  and 
for  the  maintenance  of  public  order  and  civil  government. 
I  am,  sir,  your  obedient  servant, 

W.  L.  MARCY. 
His  Excellency  JOHN  W.  GEARY, 

Governor  of  the  Territory  of  Kansas,  Lecompton. 


(33.) 
[By  telegraph.] 

DEPARTMENT  OP  STATE, 
Washington,  September  37,  1856. 

Your  dispatch,  16th  instant,  received.  Your  course  is  fully  approved.  To  the 
troops  in  service  military  law  can  properly  be  applied,  but  you  have  not  power  to 
proclaim  martial  law.  You  must  get  along  without  doing  so. 

W.  L.  MARCY. 
JOHN  W.  GEARY, 

Governor  of  Kansas  Territory,  Lecompton,  Kans.  Ter. 


282  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(34.) 
PROCLAMATION. 

Whereas,  a  large  number  of  volunteer  militia  have  been  called  into  the  service  of 
the  Territory  of  Kansas,  by  authority  of  the  late  acting  governor,  for  the  maintenance 
of  order,  many  of  whom  have  been  taken  from  their  occupations  or  business  and 
deprived  of  their  ordinary  means  of  support  and  of  their  domestic  enjoyments;  and 

Whereas,  the  employment  of  the  militia  is  not  authorized  by  my  instructions  from 
the  General  Government,  except  upon  requisition  of  the  commander  of  the  military 
department  in  which  Kansas  is  embraced;  and 

Whereas,  an  authorized  regular  force  has  been  placed  at  my  disposal  sufficient  to 
insure  the  execution  of  the  laws  that  may  be  obstructed  by  combinations  too  power 
ful  to  be  suppressed  by  the  ordinary  course  of  judicial  proceedings:  Now, 

Therefore,  I,  John  W.  Geary,  governor  of  the  Territory  of  Kansas,  do  issue  this 
my  proclamation,  declaring  that  the  services  of  such  volunteer  militia  are  no  longer 
required,  and  hereby  order  that  they  be  immediately  discharged.  The  secretary 
and  the  adjutant-general  of  the  Territory  will  muster  out  of  service  each  command 
at  its  place  of  rendezvous. 

And  I  command  all  bodies  of  men,  combined,  armed,  and  equipped  with  munitions 
of  war,  without  authority  of  the  Government,  instantly  to  disband  or  quit  the  Terri 
tory,  as  they  will  answer  the  country  at  their  peril. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  the  seal  of  the 
Territory  of  Kansas.  Done  at  Lecompton,  this  llth  day  of  September,  in  the  year  of 
our  Lord  eighteen  hundred  and  fifty-six. 

[SEAL.]  JOHN  W.  GEARY, 

Governor  of  Kansas. 

By  the  Governor: 

DANIEL  WOODSON,  Secretary. 


(35.) 
PROCLAMATION. 

Whereas,  it  is  the  true  policy  of  every  State  or  Territory  to  be  prepared  for  any 
emergency  that  may  arise  from  internal  dissension  or  foreign  invasion: 

Therefore,  I,  John  W.  Geary,  governor  of  the  Territory  of  Kansas,  do  issue  this 
my  proclamation,  ordering  all  free  male  citizens  qualified  to  bear  arms,  between  the 
ages  of  18  and  45  years,  to  enroll  themselves  in  accordance  with  the  act  to  organize 
the  militia  of  the  Territory,  that  they  may  be  completely  organized  by  companies, 
regiments,  brigades,  or  divisions,  and  hold  themselves  in  readiness  to  be  mustered, 
by  my  order,  into  the  service  of  the  United  States,  upon  the  requisition  of  the  com 
mander  of  the  military  department  in  which  Kansas  is  embraced,  for  the  suppression 
of  all  combinations  to  resist  the  laws,  and  for  the  maintenance  of  public  order  and 
civil  government. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  the  seal  of  the  Territory 
of  Kansas.  Done  at  Lecompton,  this  llth  day  of  September,  in  the  year  of  our  Lord 
eighteen  hundred  and  fifty-six. 

[SEAL.]  JOHN  W.  GEARY, 

Governor  of  Kansas. 

By  the  Governor: 

DANIEL  WOODSON, 

Secretary. 


DISTURBANCES    IN    KANSAS.  283 

(36.) 

EXECUTIVE  DEPARTMENT, 
Lecompton,  Kans.  Ter.,  September  12,  1856. 

DEAR  SIR:  You  will  proceed  without  a  moment's  delay  to  disarm  and  disband  the 
present  organized  militia  of  the  Territory,  in  accordance  with  the  instructions  of  the 
President  and  the  proclamations  which  I  have  issued,  copies  of  which  you  will  find 
inclosed. 

You  will  also  take  care  to  have  the  arms  belonging  to  the  Territory  deposited  in  a 
place  of  safety  and  under  proper  accountability. 

Yours,  etc.,  JOHN  W.  GEARY, 

Governor  of  Kansas  Territory. 
By  the  Governor: 

DANIEL  WOODSON, 

Secretary. 
Adjt.  Gen.  H.  J.  STRICKLER. 


(37.) 

EXECUTIVE  DEPARTMENT, 

Lecompton,  Kans.  Ter.,  September  13,  1856 — 1.30  a.  in. 

DEAR  SIR:  The  accompanying  dispatch  just  received  from  Lawrence  gives  suffi 
cient  reason  to  believe  that  trouble  of  a  serious  character  is  likely  to  take  place  there. 
Mr.  Adams,  the  writer  of  the  dispatch,  is  the  special  agent  whom  I  sent  down  last 
evening  to  ascertain  the  state  of  affairs. 

I  think  that  you  had  better  send  immediately  to  Lawrence  a  force  sufficient  to 
prevent  bloodshed,  as  it  is  my  orders  from  the  President  to  use  every  possible  means 
to  prevent  collisions  between  belligerent  forces.  If  desirable,  I  \vill  accompany  the 
troops  myself,  and  should  be  glad  to  have  you  go  along. 

Truly  yours,  etc.,  JOHN  W.  GEARY, 

Governor  of  Kansas  Territory. 
Col.  P.  St.  GEORGE  COOKE. 


(38.) 
LAWRENCE,  September  14,  1856 — 13  o'clock. 

SIR:  I  went,  as  directed,  to  the  camp  of  the  militia  and  found  at  the  town  of  Frank 
lin,  3  miles  from  this  place,  encamped  300  men,  with  four  pieces  of  artillery.  One 
mile  to  the  right,  on  the  Wakarusa,  I  found  a  very  large  encampment  of  300  tents 
and  wagons.  They  claim  to  have  2,500  men,  and  from  the  appearance  of  the  camp 
I  have  no  doubt  they  have  that  number. 

General  Reid  is  in  command.  I  saw  and  was  introduced  to  General  Atchison, 
Colonel  Titus,  Sheriff  Jones,  General  Richardson,  etc.  The  proclamations  were 
distributed. 

Secretary  Woodson  and  General  Strickler  had  not,  up  to  the  time  I  left,  delivered 
their  orders,  but  were  about  doing  so  as  soon  as  they  could  get  the  officers  together. 
The  outposts  of  both  parties  were  fighting  about  an  hour  before  sunset;  one  man 
killed  of  the  militia,  and  one  house  burned  at  Franklin.  There  were  but  few  people 
at  Lawrence,  most  of  them  having  gone  to  their  homes  after  your  visit  here. 

I  reported  these  facts  to  the  officers  in  command  here,  and  your  prompt  action  has 
undoubtedly  been  the  means  of  saving  the  loss  of  blood  and  valuable  property. 

Secretary  Woodson  thought  you  had  better  come  with  the  militia  on  to  the  camp  as 
soon  as  you  can.     I  think  a  prompt  visit  would  have  a  good  effect.     I  will  see  you 
as  you  come  this  way  and  communicate  with  you  more  fully. 
Very  respectfully,  your  obedient  servant, 

THEODORE  ADAMS. 

His  Excellency  GOVERNOR  GEARY, 

Kansas  Territory. 


284  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(39.) 

DEAR  SIR:  Proceed  at  all  speed  with  your  command  to  Lawrence  and  prevent  a 
collision,  if  possible,  and  leave  a  portion  of  your  troops  there  for  that  purpose. 
Yours,  etc., 

Jxo.  W.  GKAKY, 
Governor  of  Kansas  Territori/. 
Col.  P.  ST.  G.  COOKS. 


(40.) 
[Dated  Washington,  September  9,  1856.] 

ST.  Louis,  September  10,  1856, 

I  presume  the  orders  sent  by  Colonel  Emory  on  the  3d  instant  have  already 
reached  you.  If  the  militia  which  those  orders  made  subject  to  the  requisition  of 
General  Smith  are  not  sufficient  for  the  emergency,  notify  me  by  telegraph.  The 
insurrectionary  invasions  of  the  Territory  by  way  of  Nebraska,  and  the  subsequent 
hostile  attacks  on  the  post-office  at  Franklin  and  on  the  dwellings  of  Titus  and  of 
Clark,  seem  to  have  stimulated  to  unlawful  acts  of  the  same  character  on  the  bor 
ders  of  Missouri.  The  President  expects  you  to  maintain  the  public  peace  and  bring 
to  punishment  all  acts  of  violence  and  disorder  by  whomsoever  perpetrated  and  on 
whatever  pretext,  and  he  relies  on  your  energy  and  discretion  and  the  approved 
capacity,  decision,  and  coolness  of  character  of  General  Smith  to  prevent  or  suppress 
all  attempts  to  kindle  civil  war  in  the  Territory  of  Kansas.  A  communication  on 
the  same  subject  has  this  day  been  telegraphed  to  General  Smith  by  the  Secretary 
of  War,  with  positive  directions  that  no  parties  or  bodies  of  armed  men  shall  be 
allowed  to  carry  on  military  operations  in  the  Territory,  save  such  persons  as  are 
enrolled  by  him  into  the  service  of  the  United  States. 

W.  L.  MARCY, 

Secretary  of  Stale. 
To  Jonx  W.  GEARY. 


(41.) 

HEADQUARTERS  DEPARTMENT  OF  THE  WEST, 

Fort  Leavenworth,  September  77,  1856. 

SIR:  By  virtue  of  the  authority  given  me  by  the  President  of  the  United  States,  a 
copy  of  which  is  in  your  possession,  I  have  the  honor  to  make  a  requisition  on  you 
for  two  companies  of  militia  (infantry),  for  the  service  of  the  United  States. 

Each  company  to  consist  of  1  captain,  1  first  lieutenant,  1  second  lieutenant,  4  ser 
geants,  4  corporals,  2  musicians,  and  74  privates. 

The  companies  when  ready  will  be  mustered  into  the  service  of  the  United  States 
by  an  officer  who  will  be  detailed  for  that  purpose  by  Lieutenant-Colonel  Cooke, 
from  his  command. 

With  the  highest  respect,  your  obedient  servant, 

PERSIFOR  F.  SMITH, 

Brevet  Major-General,  Commanding  Department. 
His  P'xcellency  J.  W.  GEARY, 

Governor  of  Kansas  Territory. 


DISTURBANCES    IN    KANSAS.  285 

(42.) 

EXECUTIVE  DEPARTMENT, 
Lecompton,  Kans.  Ter.,  September  30,  1856. 

SIR:  Peace  now  reigns  in  Kansas.  Confidence  is  gradually  being  restored.  Citi 
zens  are  returning  to  their  claims.  Men  are  resuming  their  ordinary  pursuits,  and  a 
general  gladness  pervades  the  entire  community. 

When  I  arrived  here  everything  was  at  the  lowest  point  of  depression.  Opposing 
parties  saw  no  hope  of  peace  save  in  mutual  extermination,  and  they  were  taking  the 
most  effectual  means  to  produce  that  terrible  result. 

I  will  shortly  issue  a  proclamation  announcing  the  fact  that  tranquillity  prevails, 
and  inviting  the  return  of  all  citizens  who  have  been  ejected  from  the  Territory 
either  by  fraud  or  force. 

In  a  day  or  two  I  will  transmit  you  a  full  account  of  my  proceedings. 
Your  obedient  servant, 

JOHN  W.  GEARY, 
Governor  of  Kansas  Territory. 
lion.  WM.  I,.  MARCY, 

Secretary  of  titate. 


(43.) 

DEPARTMENT  OP  STATE, 
Washington,  September  23,  1856. 

SIR:  Your  letter  of  the  9th  instant,  from  Fort  Leaven  worth,  has  been  received  and 
laid  before  the  President.  He  is  much  gratified  with  your  assurance  that  you  shall 
be  able  ere  long  to  restore  peace  and  quiet  to  the  Territory  of  Kansas.  Such  aid  as 
he  can  give  toward  accomplishing  this  most  desirable  result  will  be  promptly  afforded. 

In  General  Smith's  dispatch  to  the  Secretary  of  War,  of  the  same  date  with  that 
of  your  letter,  he  expresses  a  decided  opinion  that  the  military  force  which  h*e  now 
has  under  his  command,  together  with  that  which  can  be  organized  in  the  Territory, 
will  be  sufficient  for  all  the  purposes  for  which  such  a  force  is  needed,  and  that  he 
shall  have  no  occasion  to  use  the  authority  given  to  him  to  call  for  any  additional 
force  from  the  States  of  Kentucky  and  Illinois. 

The  President  indulges  the  hope  that,  by  the  judicious  measures  which  he  does 
not  doubt  will  be  adopted  by  you,  and  the  concerted  action  between  yourself  and 
General  Smith,  outrages  will  cease,  order  be  restored,  and  the  civil  authority  rees 
tablished  and  found  competent  to  preserve  peace  and  afford  complete  protection  to 
the  settlers,  both  in  their  persons  and  property.  Those  who  have  committed  crimes 
within  the  Territory  should  not  be  permitted  to  escape  punishment,  and  there  can 
be  no  ground  for  any  discrimination  between  offenders  acting  individually  and  those 
acting  as  members  of  organized  or  associated  bands.  Your  prompt  and  vigorous 
attention  will  be  directed  toward  those  who  meditate  further  mischief  and  are  dis 
posed  to  obstruct  your  efforts  to  restore  the  supremacy  of  the  civil  authority. 

The  President  relies  upon  your  energy  and  discretion  to  overcome  the  difficulties 
which  surround  you,  and  to  restore  tranquillity  to  Kansas.  The  exigencies  of  affairs, 
as  they  shall  be  presented  to  you  on  the  spot,  will  indicate  the  course  of  proceeding 
in  particular  cases  calculated  to  lead  to  such  results  better  than  any  definite  instruc 
tions  emanating  from  this  Department. 

The  President  directs  you  to  keep  the  Government  here  constantly  advised  of  the 
state  of  things  in  Kansas,  and  the  measures  you  may  take  in  carrying  out  the  general 
instructions  you  have  received. 

I  am,  etc.,  W,  L,  MARCY. 

His  Excellency  JOHN  W.  GEARY, 

Governor  of  Kansas  Territory,  Lecompton, 


286  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(44.) 

EXECUTIVE  DEPARTMENT, 
Lecompton,  Kanx.  Ter.,  Xore.mber  11,  1856. 

SIR:  Peace  prevails  throughout  the  Territory  at  this  time,  and,  as  the  season  of  the 
year  is  now  so  far  advanced  into  autumn  as  to  make  it  extremely  uncomfortable  for 
the  encampment  of  troops  and  the  picketing  of  horses,  I  have  the  honor  to  inform 
you  that  I  can  at  present  dispense  with  all  the  troops  which  you  have  been  pleased 
to  place  at  my  disposal  for  maintaining  the  peace  of  the  Territory,  with  the  excep 
tion  of  a  squadron  of  dragoons  and  one  company  of  United  States  infantry  to  be  left 
at  Lecompton  subject  to  my  orders. 

I  can  not  forbear  on  this  occasion  to  thank  you  most  cordially  for  the  very  efficient 
aid  you  have  rendered  me  during  the  late  disturbances,  and  for  the  truly  magnani 
mous  conduct  of  all  the  officers  and  soldiers  placed  by  you  at  my  disposal,  the 
services  of  whom,  I  trust,  will  never  again  be  required  under  similar  circumstances. 
With  high  respect,  your  friend  and  obedient  servant, 

JNO.  W.  GEARY, 
Governor  of  Kansas  Territory. 
Maj.  Gen.  P.  F.  SMITH, 

Commanding  Department  of  the  West. 


(45.) 

ORDERS,  No.  14.]  HEADQUARTERS  DEPARTMENT  OF  THE  WEST, 

Fort  Leavenworth,  Kans.  Ter.,  November  12,  1856. 

The  governor  of  Kansas  has  announced  to  the  general  commanding  the  department 
that  peace  prevails  throughout  the  Territory  at  the  present  time,  and  that  the  services 
of  the  troops  for  the  maintenance  of  order  can  in  a  measure  be  dispensed  with.  In 
consideration,  therefore,  of  this  announcement,  and  in  view  also  of  the  approach  of 
winter,  the  several  commands  now  in  the  field  will  return  to  their  respective  perma 
nent  stations  at  once,  but  by  easy  marches,  with  the  exception  of  two  companies  of 
the  First  Regiment  of  Cavalry  and  one  company  of  the  Sixth  Regiment  of  Infantry, 
to  be  designated  by  the  senior  field  officer  of  each  corps,  under  instructions  of  Lieut. 
Col.  P.  St.  George  Cooke,  Second  Dragoons,  commanding  the  troops  in  the  field,  and 
to  be  by  him  reported  to  Governor  Geary.  Each  company  will  constitute  a  distinct 
and  separate  command,  to  be  held  subject  to  such  orders  or  requisitions  as  they  may 
from  time  to  time  receive  from  the  executive  of  the  Territory. 

By  order  of  Brevet  Major-General  Smith : 

GEO.  DBAS, 
Assistant  Adjutant-  General. 


(46.) 

LEAVENWORTH,  July  14,  1857. 

SIR:  I  have  received  authentic  intelligence  that  a  dangerous  rebellion  has  occurred 
in  the  city  of  Lawrence,  in  this  Territory,  involving  an  open  defiance  of  the  laws  and 
the  establishment  of  an  insurgent  government  in  that  city. 

This  movement,  if  not  speedily  arrested,  I  am  also  assured,  will  be  extended 
throughout  the  Territory,  and  must  result  in  a  renewal  of  civil  war. 

It  becomes,  then,  my  painful  duty,-  under  my  instructions  from  the  President  of 
the  United  States,  to  request  you  to  furnish  a  regiment  of  dragoons,  to  proceed  at  once 
to  the  immediate  vicinage  of  Lawrence,  to  act  as  a  posse  comitatus  in  aid  of  the  civil 
authorities  in  the  due  execution  of  the  laws  and  for  the  preservation  of  the  public 


DISTURBANCES    IN    KANSAS.  287 

peace.     The  service  of  the  troops  for  this  purpose  will  be  discontinued  so  soon  as  the 
public  exigency  will  permit. 

Respectfully  yours,  R.  J.  WALKEE, 

Governor  of  Kansas  Territory. 
Brevet  Brig.  Gen.  W.  S.  HARNEY, 

Commanding  Troops  in  Kansas,  et<\ 


(47.) 

HEADQTARTERS  TROOPS  SERVING  IN  KANSAS, 

Fort  Leavenworth,  July  15,  1857. 

GOVERNOR:  I  have  the  honor  to  acknowledge  the  receipt  of  your  communication  of 
yesterday's  date,  requesting  a  regiment  of  dragoons  to  proceed  at  once  to  the  immedi 
ate  vicinage  of  the  city  of  Lawrence,  in  this  Territory,  to  act  as  a  posse  comitatus  in 
aid  of  the  civil  authorities  in  the  due  execution  of  the  laws,  and  for  the  preservation 
of  the  public  peace. 

In  answer  I  desire  to  inform  you  that  I  have  directed  Lieutenant-Colonel  Cook,  of 
the  Second  Dragoons,  to  proceed  with  seven  companies  of  his  regiment,  all  the  dis 
posable  force  of  that  arm,  to  the  vicinity  of  the  city  of  Lawrence,  and  report  his  force 
to  yourself,  as  a  possa  comitatus  to  execute  such  orders  as  you  may  deem  proper  to 
give  him  in  that  capacity. 

I  am,  governor,  very  respectfully,  your  obedient  servant, 

WM.  S.  HARNEY, 

Colonel  Second  Dragoons,  Brevet  Brigadier- General  Commanding. 
His  Excellency  ROBT.  J.  WALKER, 

Governor  of  Kansas  Territory,  Leavenworth,  Kans.  Ter. 


(48.) 

DEPARTMENT  OF  STATE, 

Washington,  July  25,  1857. 

SIR:  Your  letter  of  the  15th  instant  and  the  accompanying  papers  have  been 
received  and  submitted  to  the  President. 

I  am  instructed  by  him  to  inform  you  that  he  indulges  the  hope  that  by  the  pru 
dence  and  firmness  of  your  measures,  supported  by  the  patriotism  and  intelligence 
of  the  people  of  Kansas,  peace  and  order  will  be  firmly  established  in  that  Territory, 
without  the  necessity  of  resorting  to  the  employment  of  force. 

The  President  has  learned  with  surprise,  as  well  as  regret,  that  the  design  has 
been  avowed  by  some  of  the  citizens  of  Kansas  to  adopt  measures  which,  if  carried 
into  full  effect,  must  inevitably  lead  to  a  collision  between  the  lawful  authorities  of 
the  Territory  and  the  persons  thus  placing  themselves  in  opposition  to  the  law. 
Should  such  a  contingency  unfortunately  arise,  the  President  will  employ  all  the 
necessary  power  confided  to  him  by  the  Constitution  and  the  laws  to  put  an  end  to 
this  illegal  state  of  things. 

The  pretension  of  a  portion  of  the  people  of  Lawrence  to  establish  a  municipal 
government  for  that  place  and  to  clothe  it  with  legal  authority  to  act  is  so  destitute 
of  all  just  foundation  in  itself,  and  in  any  view  so  unnecessary  in  a  Territory  with  a 
government  established  by  Congress  in  full  operation,  that  the  President  can  not 
believe  this  illegal  project  will  be  carried  into  execution;  and  he  trusts  that,  inde 
pendently  of  other  considerations,  the  able  and  patriotic  appeal  made  by  you  to  the 
people  of  Kansas  in  your  recent  proclamation  will  stop  all  further  progress  in  this 
dangerous  career. 


288  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

The  President  approves  the  precautionary  measures  you  have  adopted  in  calling 
into  the  vicinity  of  Lawrence  a  military  force  to  act  as  a  posse  comitatus  to  aid  in 
the  enforcement  of  the  laws  should  it  be  necessary. 

He  confidently  relies  upon  your  discretion,  as  well  as  your  firmness,  and  feels 
assured  that  this  force  will  be  actually  employed  in  those  cases  only  where  there  is 
a  resistance  to  the  law  which  can  not  be  overcome  by  the  proper  civil  officers  with 
the  ordinary  means  at  their  command.  There  must  be  not  a  mere  declaration  of 
intention  to  do  acts  contrary  to  law,  but  there  must  be  an  act  of  resistance  before 
the  military  force  can  properly  intervene. 

When  a  civil  officer  has  reason  to  believe  that  process  placed  in  his  hands  will  be 
resisted  by  force,  he  has  the  right  to  call  for  the  aid  of  such  portions  of  the  posse 
comitatus  as  he  may  think  necessary.  And  at  this  point  may  rightfully  commence 
the  action  of  the  military  force.  It  may  be  called  upon  as  a  part  of  the  posse  comi 
tatus  to  aid  such  officer  in  the  execution  of  his  duty,  and  while  so  acting  the  troops 
act  under  his  authority;  and  as  the  head  of  the  executive  department  of  the  Terri 
torial  government  it  is  your  duty  to  provide  the  necessary  instructions  in  these 
cases;  and  to  render  them  the  more  effectual  the  troops  of  the  United  States  have 
been  directed  to  act  as  a  posse  comitatus  when  you  shall  require  their  services  for 
that  purpose. 

In  conclusion,  I  repeat  that  the  authority  of  the  law  must  be  maintained  under 
any  circumstances  that  may  happen. 

I  am,  sir,  etc., 

LEWIS  CASS. 

ROBERT  J.  WALKER,  Esq., 

Governor  of  the  Territory  of  Kansas,  Lecompton. 


THE  SAN  FRANCISCO  VIGILANCE  COMMITTEE. 

(49.) 
BY  AUTHORITY—PROCLAMATION. 

EXECUTIVE  DEPARTMENT, 
Sacramento  City,  CaL,  June  3,  1856. 

Whereas,  satisfactory  information  has  been  received  by  me  that  combinations  to 
resist  the  execution  of  legal  process  by  force  exist  in  the  county  of  San  Francisco,  in 
this  State,  and  that  an  unlawful  organization,  styling  themselves  the  "Vigilance  Com 
mittee,"  have  resisted  by  force  the  execution  of  criminal  process,  and  that  the  power 
of  said  county  has  been  exerted  and  has  not  been  sufficient  to  enable  the  sheriff  of 
said  county  to  execute  such  process:  Now,  therefore,  I,  J.  Neely  Johnson,  governor 
of  the  State  of  California,  by  virtue  of  the  power  vested  in  me  by  the  constitution 
and  laws  thereof,  do  hereby  declare  said  county  of  San  Francisco  in  a  state  of  insur 
rection;  and  I  hereby  order  and  direct  all  of  the  volunteer  companies  within  the 
county  of  San  Francisco,  also  all  persons  subject  to  military  duty  within  said  county, 
to  report  themselves  for  duty  immediately  to  Maj.  Gen.  William  T.  Sherman,  com 
manding  second  division  California  militia,  to  serve  in  the  performance  of  military 
duty  under  the  command  of  said  Sherman  until  disbanded  from  service  by  his  orders. 
Also,  that  all  volunteer  military  companies  now  organized,  or  which  may  be  organ 
ized  within  the  third,  fourth,  and  fifth  military  divisions  of  this  State;  also  all  per 
sons  subject  to  military  duty  in  said  military  divisions  do  hold  themselves  in  readiness 
to  respond  to  and  obey  the  orders  of  the  governor  of  this  State,  or  said  Sherman,  for 
the  performance  of  military  duty  in  such  manner  and  at  such  time  and  place  as  may 


THE    SAN   FRANCISCO    VIGILANCE    COMMITTEE.  289 

be  directed  by  the  governor  of  the  State.  I  furthermore  order  and  direct  that  all 
associations,  combinations,  or  organizations,  whatsover,  existing  in  said  county  of 
San  Francisco,  or  elsewhere  in  this  State,  in  opposition  to  or  in  violation  of  the  laws 
thereof,  more  particularly  the  association  known  as  the  "Vigilance  Committee"  of 
San  Francisco,  do  disband,  and  each  and  every  individual  thereof  yield  obedience  to 
the  constitution  and  laws  of  this  State,  the  writs  and  process  of  the  courts,  and  all 
legal  orders  of  the  officers  of  this  State  and  the  county  of  San  Francisco. 

J.  NEELY  JOHXSOX. 


(50.) 

EXECUTIVE  DEPARTMENT, 

Sacramento  City,  Co/.,  Novembers,  1856. 

Whereas,  on  the  2d  day  of  June,  1856,  satisfactory  information  having  been  received 
by  me  that  combinations  for  the  purpose  of  resisting  the  execution  of  legal  process 
by  force  existed  in  the  county  of  San  Francisco,  in  this  State,  and  that  an  unlawful 
organization  styling  themselves  the  Vigilance  Committee  had  resisted  by  force  the 
execution  of  criminal  process,  and  the  power  of  said  county  had  been  exhausted,  and 
was  not  sufficient  to  enable  the  sheriff  of  said  county  to  execute  said  process,  I  did, 
in  performance  of  my  duty  and  the  exercise  of  the  power  and  authority  vested  in  me 
by  the  constitution  and  laws,  as  the  governor  of  the  State  of  California,  on  the  afore 
said  day,  issue  a  proclamation  declaring  the  said  county  of  San  Francisco  in  a  state 
of  insurrection;  and  whereas,  I  have  this  day  received  satisfactory  information  that  the 
causes  which  required  the  issuance  of  the  same  no  longer  exist,  I  do  therefore  revoke 
and  withdraw  the  said  proclamation. 

J.  NEELY  JOHNSON. 


(51.) 
INSURRECTION  IN  A  STATE. 

CONSIDERATION  OF  THE  CIRCUMSTANCES  IX  WHICH  THE  PRESIDENT  MAY  EMPLOY  THE 
MILITARY  AND  NAVAL  FORCE  OF  THE  UNION  TO  SUPPRESS  INSURRECTION  IN  ONE  OF 
THE  STATES. 

ATTORNEY-GENERAL'S  OFFICE,  July  19,  1856. 

SIR:  I  have  the  honor  to  lay  before  you  herewith  conclusions  of  law  on  the  ques 
tions  presented  by  the  application  of  the  governor  of  the  State  of  California,  con 
cerning  which  you  have  required  my  official  opinion. 

It  appears  by  the  representation  of  the  governor  and  by  other  documents  commu 
nicated  on  the  subject  that,  on  the  26th  day  of  May  last,  there  was  formed,  in  the 
city  of  San  Francisco,  a  voluntary  association,  composed  of  persons  whose  names  are 
not  disclosed,  styling  themselves  a  "vigilance  committee,"  who  proceeded  to  organ 
ize  a  numerous  military  force  of  all  arms,  to  establish  a  strongly  fortified  post  in  the 
heart  of  the  city,  and  by  these  means  to  overawe  and  supersede  the  city  and  county 
officers,  and  to  usurp  the  local  authority  of  the  State. 

It  further  appears  that  the  professed  inducement  of  this  combination  and  organiza 
tion  was  the  commission,  in  the  city  of  San  Francisco,  of  an  act  of  individual  homi 
cide;  that  the  so-called  committee  overpowered  the  sheriff,  abstracted  from  the  prison 
force  the  alleged  murderer,  and  also  another  person  under  commitment  on  the  charge 
of  murder,  and  took  the  lives  of  said  persons  by  hanging  them  publicly,  without 
law,  in  front  of  the  headquarters  of  the  association  in  San  Francisco. 

It  further  appears  that  the  committee  thereafter  continued  to  assume  and  exercise 

S.  Doc.  209 19 


290  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

a  summary  police  jurisdiction  in  the  city  and  county  of  San  Francisco,  making 
domiciliary  visits,  arresting  by  force  numerous  individuals,  subjecting  the  same  to 
imprisonment  or  deportation  without  law,  and,  at  the  date  of  the  governor's  repre 
sentation,  the  19th  of  June  last,  still  holding  the  military  possession  of  the  city,  with 
daily  augmentation  of  armed  force,  and  with  no  definite  indication  of  any  purpose  to 
desist  from  the  usurped  exercise  of  the  public  authority  of  the  State. 

It  further  appears  that  most  of  the  organized  companies  of  militia  in  the  city  of 
San  Francisco  uphold  the  proceedings  of  the  committee  and  yield  obedience  to  its 
orders  in  preference  to,  and  in  open  disregard  of,  those  of  the  constituted  military 
authorities  of  the  State. 

It  does  not  appear  distinctly  how  far  this  outward  submission  of  the  inhabitants  of 
San  Francisco  to  the  assumed  authority  of  the  committee  is  attributable  to  approba 
tion  of  its  acts,  and  how  far  to  want  of  preparation  and  means  to  withstand  it;  nor  is 
that  material  to  the  question  of  law  involved,  since  whatever  may  be  the  local 
opinion  regarding  the  committee,  its  organization  and  its  acts  do  not  the  less  consti 
tute  a  lawless  usurpation  of  the  powers  of  the  State. 

Thus  it  appears  that,  independently  of  the  specific  acts  of  violation  of  law  perpe 
trated  by  the  committee,  there  is  peculiar  aggravation  of  illegality  in  its  organization 
and  action,  by  reason  of  the  secrecy  of  its  direction,  its  demonstrative  ostentation  of 
military  force,  the  excessive  disproportion  of  the  means  which  it  employs  to  its  pro 
fessed  ends,  and  the  duration  of  its  violent  power.  If  circumstances  are  supposable 
in  which  the  exertion  of  illegal  force  for  a  moment  may  be  justified,  or  at  least 
extenuated,  none  are  possible  which  suffice  to  warrant  the  permanent  substitution 
of  such  force  in  the  place  of  constitutional  government. 

It  also  requires  to  be  stated  that,  while  the  so-called  vigilance  committee  is  acting 
in  usurpation  of  public  right  and  assuming  to  punish,  at  its  mere  discretion,  alleged 
malefactors  without  lawful  authority  and  in  contempt  of  the  established  forms  of 
justice,  while  its  illegal  power  is  rendered  still  more  objectionable  by  reason  of  its 
anonymous  secret  and  irresponsible  constitution,  and  while  the  good  which  it  may 
have  done  or  which  it  professes  to  aim  to  do  in  the  punishment  of  a  few  alleged 
criminal  or  disorderly  persons  is  altogether  incommensurate  with  the  extraordinary 
means  adopted  for  its  accomplishment,  and  while  these  considerations  tend  to  sub 
ject  the  committee  to  suspicion  of  unavowed  ulterior  purposes,  still  there  is  no  evi 
dence  in  the  documents  referred  or  in  other  authentic  information  that,  in  \v hat- 
has  thus  occurred  at  San  Francisco,  there  has  been  committed  or  threatened  any  act 
of  resistance  or  obstruction  to  the  Constitution,  laws,  or  official  authority  of  the 
United  States. 

But  the  incidents  in  question  exhibited  a  case  of  such  persistent  disturbance  of 
public  tranquillity  as  to  have  constrained  the  interposition  of  the  governor  of  the 
State,  who,  on  the  8th  of  June,  issued  his  official  proclamation,  setting  forth  the 
existence  of  the  unlawful  combination,  calling  on  its  members  to  disband,  and  sum 
moning  to  arms  the  militia  of  the  State  for  the  purpose  of  restoring  public  order 
and  of  enforcing  obedience  to  law  in  the  city  and  county  of  San  Francisco. 

Upon  these  facts  the  governor  of  the  State  now  represents  to  you  that  insurrec 
tion  exists  therein  and  prefers  the  following  requests: 

1.  That  you  will  transmit  orders  to  the  officer  of  the  United  States  commanding 
the  Pacific  division  to  issue  to  the  State,  on  the  requisition  of  the  governor,  such 
arms  and  ammunition  as  may  be  needed  for  the  object  of  suppressing  the  said 
insurrection. 

2.  That  you  will  transmit  orders  to  the  said  commanding  officer  to  render  such 
assistance  in  arms  and  ammunition  at  any  future  time  as  may  be  required  by  the 
governor  for  the  purpose  of  enforcing  obedience  to  the  constitution  and  laws  of  the 
State. 


THE    SAN    FKANCISCO    VIGILANCE    COMMITTEE.  291 

Such,  specifically,  is  the  tenor  of  this  application,  and  the  question  is  of  your 
constitutional  and  legal  power  in  the  premises. 

With  reference  to  such  a  case  of  insurrection  in  a  State  against  the  government 
thereof  the  Constitution  declares  that  Congress  shall  have  power  "to  provide  for 
calling  forth  the  militia  to  execute  the  laws  of  the  Union,  suppress  insurrections, 
and  repel  invasions."  The  present  is  one  of  the  forms  of  the  second  of  the  three 
specified  emergencies,  namely  ^  insurrection  against,  not  the  Government  of  the 
United  States,  but  that  of  a  State. 

I  do  not  perceive  in  the  Constitution  any  other  provision  of  specific  pertinency; 
but  something  will  be  said  in  the  sequel  regarding  the  relations  of  Congress  and  of 
the  President,  in  such  a  case,  to  the  military  and  naval  force  of  the  United  States. 

As  to  the  clause  of  the  Constitution  which  makes  it  the  duty  of  the  President  "to 
take  care  that  the  laws  be  faithfully  executed,"  that,  it  is  apprehended,  refers  pri 
marily  to  the  laws  of  the  United  States,  and  to  those  of  a  State  or  Territory  only 
in  the  contingency  when  the  case  of  insurrection  therein  is  presented  according  to 
the  Constitution  and  to  acts  of  Congress. 

The  Congress  of  the  United  States  has  executed  that  clause  of  the  Constitution 
which  empowers  it  "  to  provide  for  calling  forth  the  militia  to  execute  the  laws  of 
the  Union,  suppress  insurrections,  and  repel  invasions,"  and  also  its  general  power 
in  the  same  relation  over  the  Federal,  military,  and  naval  forces  by  the  enactment 
of  two  subsisting  laws,  the  material  parts  of  which  are  as  follows: 

The  act  of  February  28,  1795,  entitled  an  act  to  provide  for  calling  forth  the  militia 
for  the  purposes,  and  in  the  words  of  the  Constitution,  enacts  that  "in  case  of  an 
insurrection  in  any  State  against  the  government  thereof,  it  shall  be  lawful  for  the 
President  of  the  United  States,  on  application  of  the  legislature  of  such  State,  or  of 
the  executive,  when  the  legislature  can  not  be  convened,  to  call  forth  such  number 
of  the  militia  of  any  other  State  or  States  as  may  be  applied  for,  as  he  may  judge 
sufficient  to  suppress  such  insurrection." 

And  it  further  enacts,  "that  whenever  it  may  be  necessary,  in  the  judgment  of 
the  President,  to  use  the  military  force  hereby  directed  to  be  called  forth,  the  Presi 
dent  shall  forthwith,  by  proclamation,  command  such  insurgents  to  disperse  and 
retire  peaceably  to  their  respective  abodes  within  a  limited  time."  (1  Stat.  L.,  p. 
424.) 

The  act  of  March  3,  1807,  entitled  an  act  authorizing  the  employment  of  the  land 
and  naval  forces  of  the  United  States  in  case  of  insurrections,  provides:  "  That  in  all 
cases  of  insurrection,  or  obstruction  to  the  laws,  either  of  the  United  States  or  any 
individual  State  or  Territory,  where  it  is  lawful  for  the  President  of  the  United 
States  to  call  forth  the  militia  for  the  purpose  of  suppressing  such  insurgents,  or  of 
causing  the  laws  to  be  duly  executed,  it  shall  be  lawful  for  him  to  employ,  for  the 
same  purposes,  such  part  of  the  land  or  naval  force  of  the  United  States  as  shall  be 
judged  necessary,  having  first  observed  all  the  prerequisites  of  the  law  in  that 
respect."  (11  Stat.  L.,  p.  443.) 

These  are  the  only  subsisting  provisions  of  statute  material  to  the  subject-matter 
of  inquiry. 

It  is  observable  that  the  statute  does  not,  by  expression,  empower  the  President 
to  call  forth  the  militia  of  the  State  in  which  the  insurrection  exists,  but  only  upon  the 
application  of  such  State  to  call  forth  the  militia  of  some  other  State  or  States.  It 
presumes,  of  course,  that  when  occasion  arises  the  militia  of  the  particular  State  will 
be  brought  into  action  by  its  own  executive  and  legislative  authority.  (Luther  v. 
Borden,  7  Howard,  pp.  1-45.) 

It  is  likewise  observable  that,  in  so  far  as  the  statute  goes  to  determine  the  point, 
the  President  is  only  to  be  moved  to  action  by  the  "legislature"  of  the  State  in 
which  the  insurrection  exists,  or  of  the  executive  of  such  State  when  the  legislature 
can  not  be  convened. 


292  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Now,  the  call  here  made  on  the  President  in  the  name  of  the  State  of  California  is 
not  according  to  the  conditions  of  the  statute,  for  it  is  made  by  the  governor  of  the 
State,  not  by  its  legislature,  and  made  by  him  without  any  allegation  that  the  legis 
lature  could  not  be  convened. 

That  he  had  lawful  power  to  convene  the  legislature  can  not  be  doubted,  for  it  is 
expressly  conferred  by  the  constitution  of  the  State.  (Art.  V,  sec.  9.) 

Moreover,  the  governor  of  the  State  does  not  request  the  President  to  call  forth 
the  militia  of  some  other  State  or  States  in  aid  of  his  authority,  nor  does  he  in  terms 
request  you  to  employ  for  that  purpose  the  land  and  naval  force  of  the  United 
States. 

On  the  other  hand,  there  is  no  room  for  question  here  an  to  legitimacy  of  govern 
ment  between  two  contending  parties  in  the  same  State  or  Territory.  If  there  were, 
it  would  be  for  you  to  determine  that  question,  in  the  first  instance,  as  the  Supreme 
Court  have  decided  in  the  case  of  the  political  controversy  which  some  years  ago 
agitated  the  State  of  Rhode  Island.  (Luther  r.  Borden,  ubi  supra,  p.  43.)  But  in 
the  present  case  there  is  no  pretext  or  claim  whatever  that  the  vigilance  committee 
is  the  government  of  the  State,  which  beyond  all  peradventure  has  its  lawful  repre 
sentation  in  the  person  of  the  governor. 

And  it  is  the  function  of  the  President  of  the  United  States,  indubitably,  to  decide, 
in  his  discretion,  what  facts  existing  constitute  the  case  of  insurrection  contemplated 
by  the  statutes  and  by  the  Constitution.  (Martin  v.  Mott,  12  AVheaton,  29,  31; 
Luther  v.  Borden,  ubi  supra,  p.  45.) 

In  a  word,  the  present  case  seems  to  be  wholly  exempt  from  difficulties  of  a  polit 
ical  nature,  and  the  only  questions  involved  are  of  the  duty  and  power  of  the  Presi 
dent,  in  view  of  the  peculiarities  before  mentioned  in  the  tenor  of  the  application 
made  by  the  governor  of  California. 

Can  the  President  call  forth  the  militia  of  one  State  for  the  purpose  of  suppressing 
insurrection  in  another,  or  employ  the  land  and  naval  forces  of  the  United  States  for 
the  same  purpose,  when  he  has  sufficient  knowledge  of  the  fact  of  insurrection,  but 
no  request  for  his  interposition  has  been  made  in  due  conformity  with  the  conditions 
of  the  statute? 

And  supposing  the  emergency  of  insurrection  to  occur  and  to  be  duly  brought  to 
his  knowledge,  can  he  furnish  to  the  public  authorities  of  the  State  in  which  the 
insurrection  exists  arms  and  munitions  of  war,  distinct  from  and  not  in  the  hands  of 
,  officers  and  troops  of  the  United  States? 

I  feel  reluctant  to  go  beyond  the  actual  case  in  the  undertaking  to  pronounce  rules 
of  law  applicable  to  the  gravest  and  the  most  critical  of  all  the  emergencies  possible 
to  occur  in  the  relations  between  the  United  States  and  the  respective  States  of  the 
Union.  I  am  not  willing  to  say  that  circumstances  may  not  arise  in  which  the 
President  might  furnish  arms  without  furnishing  men  at  the  same  time,  under  the 
authority  of  the  act  of  1807,  and  on  the  principle  that  as  the  whole  includes  all  its 
parts,  so  the  furnishing  of  arms  alone  may  be  comprehended  in  the  power  to  employ 
all  the  land  and  naval  "force"  of  the  United  States.  I  am  not  less  unwilling  to 
assume  to  foresee  or  conceive  all  the  possible  contingencies  of  such  a  public  question, 
and  to  presume,  by  conjectural  supposition  in  anticipation  of  fact,  to  exhaust  the 
legal  conditions  of  the  power  of  the  General  Government  in  the  premises. 

This,  however,  it  seems  safe  to  say — that  the  application  of  this  high  power  of  the 
President  to  cases  of  doubtful  legal  condition  ought  to  be  reserved  for  circumstances 
of  the  most  exigent  emergency,  such  as,  for  instance,  a  case  of  indisputable  bellum 
ffigrans  in  a  given  State,  and  in  which  all  the  constitutional  powers  of  the  State  shall 
have  been  exerted  in  vain  to  prevent  or  suppress  domestic  war,  and  in  which,  also, 
imminent  or  extreme  public  disaster  can  be  averted  only  by  such  interposition  of 
the  Federal  Government. 

I  do  not  perceive  such  circumstances  of  superlative  exigency  in  the  present  case. 


THE    MORMON    REBELLION.  293 

There  is  obstruction  of  law  in  California,  but  not  actual  shock  of  arms  between  the 
insurgents  and  the  State. 

Besides,  the  whole  constitutional  power  of  the  State  in  the  case  has  not  yet  been 
exerted;  for,  in  the  space  of  time  which  the  illegal  incidents  had  already  occupied — 
of  one  whole  month — it  does  not  appear  that  the  governor  took  any  steps  to  convene 
the  legislature  of  the  State,  although  that  remedy  might  have  been  adopted,  and 
have  had  its  effectual  application. to  the  evil,  long  before  any  such  remedy  could  be 
derived  from  the  President  of  the  United  States. 

The  legal  considerations  herein  submitted  apply  more  particularly  to  the  first  of 
the  two  requests  made  by  the  governor,  namely,  that  for  the  supply  of  arms  and 
munitions  of  war  to  the  State  in  the  specific  present  emergency.  The  same  objec 
tions,  with  others  of  a  more  serious  nature,  which  it  is  unnecessary  to  discuss  in 
detail,  apply  to  the  second  request — that  of  orders  for  the  supply  of  arms  and  ammu 
nition  "at  any  future  time,"  on  the  call  of  the  governor.  It  is  obvious  that  the 
President  of  the  United  States  must  himself  determine  the  conditions  of  actual  or 
apprehended  insurrection  in  a  State,  demanding  and  justifying  the  interposition  of 
the  military  force  of  the  United  States. 

In  regard  to  the  supply  of  arms  to  the  State,  it  is  taken  lor  granted  by  me  that 
in  the  ordinary  course  of  its  administrative  action  the  War  Department  had  delivered 
to  the  State  the  distributive  quantity  of  arms  to  which  it  was  entitled  under  standing 
provisions  of  acts  of  Congress. 

In  conclusion,  then,  permit  me  to  observe  that,  without  presuming  to  say  that 
there  may  not  be  in  the  present  case  some  act  of  moral  authority  competent  for  you 
in  your  discretion  to  perform,  still,  in  my  opinion,  the  circumstances  do  not  afford 
sufficient  legal  justification  for  acceding  to  the  actual  requests  of  the  governor  of  the 
State  of  California. 

I  am,  with  the  highest  consideration, 

C.  GUSHING. 

The  PRESIDENT. 


THE  MORMON  REBELLION. 

(53.) 
PROCLAMATION  BY  THE  GOVERNOR. 

CITIZENS  OF  UTAH:  We  are  invaded  by  a  hostile  force,  who  are  evidently  assailing 
us  to  accomplish  our  overthrow  and  destruction. 

For  the  last  twenty-five  years  we  have  trusted  officials  of  the  Government,  from 
constables  and  justices  to  judges,  governors,  and  Presidents,  only  to  be  scorned,  held 
in  derision,  insulted,  and  betrayed.  Our  houses  have  been  plundered  and  then 
burned,  our  fields  laid  waste,  our  principal  men  butchered  while  under  the  pledged 
faith  of  the  Government  for  their  safety,  and  our  families  driven  from  their  homes 
to  find  that  shelter  in  the  barren  wilderness,  and  that  protection  among  hostile  sav 
ages  which  were  denied  them  in  the  boasted  abodes  of  Christianity  and  civilization. 

The  Constitution  of  our  common  country  guarantees  unto  us  all  that  we  do  now 
or  have  ever  claimed.  If  the  constitutional  rights  which  pertain  unto  us  as  Ameri 
can  citizens  were  extended  to  Utah  according  to  the  spirit  and  meaning  thereof,  and 
fairly  and  impartially  administered,  it  is  all  that  we  could  ask — all  that  we  have  ever 
asked. 

Our  opponents  have  availed  themselves  of  prejudice  existing  against  us,  because  of 
our  religious  faith,  to  send  out  a  formidable  host  to  accomplish  our  destruction.  We 
have  had  no  privilege  or  opportunity  of  defending  ourselves  from  the  false,  foul,  and 


294  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

unjust  aspersions  against  u.->  before  the  nation.  The  Government  has  not  conde 
scended  to  cause  an  investigating  committee,  or  other  person,  to  be  sent  to  inquire 
into  and  ascertain  the  truth,  as  is  customary  in  SIK  h  cases.  We  know  those  asper 
sions  to  be  false,  but  that  avails  us  nothing.  We  are  condemned  unheard,  and 
forced  to  an  issue  with  an  armed  mercenary  mo)),  which  lias  been  sent  against  us  at 
the  instigation  of  anonymous  letter  writers  ashamed  to  father  the  base,  slanderous 
falsehoods  which  they  have  given  to  the  public,  of  corrupt  oHicials  who  have1  brought 
false  accusations  against  us  to  screen  themselves  in  their  own  infamy,  and  of  hireling 
priests  and  howling  editors  who  prostitute  the  truth  for  filthy  lucre's  sake. 

The  issue  which  has  thus  been  forced  upon  us  compels  us  to  resort  to  the  great 
first  law  of  self-preservation,  and  stand  in  our  own  defense,  a  right  guaranteed  to  us 
by  the  genius  of  the  institutions  of  our  country,  and  upon  which  the  Government  is 
based.  Our  duty  to  ourselves,  to  our  families,  requires  us  not  to  tamely  submit  to  be 
driven  and  slain  without  an  attempt  to  preserve  ourselves.  Our  duty  to  our  country, 
our  holy  religion,  our  God,  to  freedom  and  liberty,  requires  that  we  should  not 
quietly  stand  still  and  see  those  fetters  forging  around  us  which  are  calculated  to 
enslave  and  bring  us  in  subjection  to  an  unlawful  military  despotism,  such  as  can 
only  emanate  in  a  country  of  constitutional  law  from  usurpation,  tyranny,  and 
oppression. 

Therefore,  1,  Brigham  Young,  governor  and  superintendent  of  Indian  affairs  for 
the  Territory  of  Utah,  in  the  name  of  the  people  of  the  United  States  in  the  Terri 
tory  of  Utah  forbid: 

First.  All  armed  forces  of  every  description  from  coming  into  this  Territory  under 
any  pretense  whatever. 

Second.  That  all  the  forces  in  said  Territory  hold  themselves  in  readiness  to  march 
at  a  moment's  notice  to  repel  any  and  all  such  invasion. 

Third.  Martial  law  is  hereby  declared  to  exist  in  this  Territory  from  and  after  the 
publication  of  this  proclamation,  and  no  person  shall  be  allowed  to  pass  or  repass 
into  or  through  or  from  this  Territory  without  a  permit  from  the  proper  officer. 

Given  under  my  hand  and  seal,  at  Great  Salt  Lake  City,  Territory  of  Utah,  this 
loth  day  of  September,  A.  D.  1857,  and  of  the  Independence  of  the  United  States  of 
America  the  eighty-second. 

BRIGHAM  YOUNG. 


(54.) 

GREEX  RIVER  COUNTY,  NEAR  FORT  BRIDGER, 

Utah  Territory,  November  21,  1851 . 
To  the  people  of  Utah  Territory: 

On  the  llth  of  July,  1857,  the  President  appointed  me  to  preside  o*rer  the  execu 
tive  department  of  this  Territory.  I  arrived  at  this  point  on  the  19th  of  this  month 
and  shall  probably  be  detained  some  time,  in  consequence  of  the  loss  of  animals 
during  the  recent  snowstorm.  I  will  proceed  at  this  point  to  make  the  preliminary 
arrangements  for  the  temporary  organization  of  the  Territorial  government. 

Many  treasonable  acts  of  violence  having  been  committed  by  lawless  individuals, 
supposed  to  have  been  countenanced  by  the  late  executive,  such  persons  are  in  a 
state  of  rebellion.  Proceedings  wrill  be  instituted  against  them  in  a  court  organized 
by  Chief  Justice  Eckels,  held  in  this  county,  which  will  supersede  the  necessity  of 
appointing  a  military  commission  for  the  trial  of  such  offenders.  It  is  my  duty  to 
enforce  unconditional  obedience  to  the  Constitution,  to  the  organic  laws  of  this  Ter 
ritory,  and  to  all  the  other  la\vs  of  Congress  applicable  to  you.  To  enable  me  to 
effect  this  object,  I  will,  in  the  event  of  resistance,  rely,  first  upon  a  posse  comitatus 


THE    MORMON    REBELLION.  295 

of  the  well-disposed  portion  of  the  inhabitants  of  this  Territory,  and  will  only  resort 
to  a  military  posse  in  case  of  necessity.     I  trust  that  this  necessity  will  not  occur. 

I  come  upon  you  with  no  prejudices  or  enmities,  and  by  the  exertion  of  a  just 
and  firm  administration  I  hope  to  command  your  confidence.  Freedom  of  con 
science  and  the  use  of  your  own  peculiar  mode  of  serving  God  are  sacred  rights  guar 
anteed  by  the  Constitution,  with  which  it  is  not  the  province  of  the  Government  or 
the  disposition  of  its  representatives  in  this  Territory  to  interfere. 

In  virtue  of  my  authority  as  commander  in  chief  of  the  militia  of  this  Territory,  I 
hereby  command  all  armed  bodies  of  individuals,  by  whomsoever  organized,  to  dis 
band  and  return  to  their  respective  homes.  The  penalty  of  disobedience  to  this 
command  will  subject  the  offenders  to  the  punishment  due  to  traitors. 

A.  GUMMING, 
Governor  of  Utah  Territory. 


(55. ) 
To  tli e  people  of  Utah: 

The  commissioners  of  the  United  States,  deputed  by  the  President  to  urge  upon 
the  people  of  this  Territory  the  necessity  of  obedience  to  the  Constitution  and  laws, 
as  enjoined  by  his  proclamation,  have  this  day  informed  me  that  there  will  be  no 
obstruction  to  the  administration  and  execution  of  the  laws  of  the  Federal  Govern 
ment,  nor  any  opposition  on  the  part  of  the  people  of  this  Territory  to  the  military 
force  of  the  Government  in  the  execution  of  their  orders.  I  therefore  feel  it  incum 
bent  on  me,  and  have  great  satisfaction  in  doing  so,  to  assure  those  citizens  of  the 
Territory  who,  I  learn,  apprehend  from  the  army  ill  treatment,  that  no  person  what 
ever  will  be  in  anywise  interfered  with  or  molested  in  his  person  or  rights,  or  in  the 
peaceful  pursuit  of  his  avocations;  and,  should  protection  be  needed,  that  they  will 
find  the  army  (always  faithful  to  the  obligations  of  duty)  as  ready  now  to  assist  and 
protect  them  as  it  was  to  oppose  them  while  it  was  believed  they  were  resisting  the 
laws  of  their  Government. 

A.  S.  JOHNSTON, 

Colonel  Second  Cavalry  and  Brevet  Brigadier-General,  Commanding. 
HEADQUARTERS  DEPARTMENT  OF  UTAH, 

Camp  on  Bear  River,  June  14,  1858. 


(56.) 
PROCLAMATION  OF  GOVERNOR  GUMMING. 

To  tlie  inhabitants  of  Utah  and  others  whom  it  may  concern: 

Whereas,  James  Buchanan,  President  of  the  United  States,  at  the  city  of  Washing- 
ton,  the  6th  day  of  April,  1858,  did,  by  his  proclamation,  offer  to  the  inhabitants  of 
Utah  who  submit  to  the  laws  a  free  and  full  pardon  for  all  treasons  and  seditions 
heretofore  committed;  and 

Whereas,  the  proffered  pardon  was  accepted,  with  the  prescribed  terms  of  the 
proclamation,  by  the  citizens  of  Utah: 

Now,  therefore,  I,  Alfred  Gumming,  governor  of  Utah  Territory,  in  the  name  of 
James  Buchanan,  President  of  the  United  States,  do  proclaim  that  all  persons  who 
submit  themselves  to  the  laws  and  to  the  authority  of  the  Federal  Government  are 
by  him  freely  and  fully  pardoned  for  all  treasons  and  seditions  heretofore  committed. 
All  criminal  offenses  associated  with  or  growing  out  of  the  overt  acts  of  sedition  and 
treason  are  merged  in  them,  and  are  embraced  in  the  "free  and  full  pardon"  of  the 
President.  And  I  exhort  all  persons  to  persevere  in  a  faithful  submission  to  the 


296  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

laws  and  patriotic  devotion  to  the  Constitution  and  government  of  our  common 
country. 

Peace  is  restored  to  our  Territory. 

All  civil  officers,  both  Federal  and  Territorial,  will  resume  the  performance  of  the 
duties  of  their  respective  offices  without  delay,  and  be  diligent  and  faithful  in  the 
execution  of  the  laws.  All  citizens  of  the  United  States  in  this  Territory  will  aid 
and  assist  the  officers  in  the  performance  of  their  duties. 

Fellow-citizens,  I  offer  you  my  congratulations  for  the  peaceful  and  honorable 
adjustment  of  recent  difficulties. 

Those  citizens  who  have  left  their  homes  I  invite  to  return  as  soon  as  they  can  do 
so  with  propriety  and  convenience. 

To  all  I  announce  ray  determination  to  enforce  obedience  to  the  laws,  both  Federal 
and  Territorial. 

Trespasses  upon  property,  whether  real  or  personal,  must  be  scrupulously  avoided. 

Gaming  and  other  vices  are  punished  by  Territorial  statutes  \vith  peculiar  severity, 
and  I  commend  the  perusal  of  these  statutes  to  those  persons  who  may  not  have  had 
an  opportunity  of  doing  so  previously. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  official  seal  of 
the  Territory  to  be  affixed. at  Great  Salt  Lake  City,  in  the  Territory  of  Utah,  this 
14th  day  of  June,  one  thousand  eight  hundred  and  fifty-eight,  and  of  the  Inde 
pendence  of  the  United  States  the  eighty-second. 

[SEAL.]  A.  GUMMING. 

By  the  governor: 
JOHN  HARTNETT, 

Secretary. 


THE  AFFAIR  AT  HARPERS  FERRY,  VA. 

(57.) 
[By  telegraph.] 

BALTIMORE,  October  17,  1859. 
CALDWELL,  Chief  Operator: 

Hear  by  train  that  negroes  have  taken  possession  of  United  States  arsenal  in  Har 
pers  Ferry;  tired  into  express  train.  Town  in  great  excitement;  both  our  wires  cut. 
Negroes  are  led  by  about  two  fifty  (250)  white  men.  They  gave  Conductor  Phelps 
notice  would  allow  no  more  trains  to  pass. 

JONES,  Operator. 


[By  telegraph.] 

CAMDEN  STATION,  Baltimore,  October  17 ',  1859. 
Hon.  J.  B.  FLOYD, 

Secretary  of  War: 

Telegraph  advices  present  a  serious  affair  at  Harpers  Ferry,  where  United  States 
armory  and  our  bridges  are  in  full  possession  of  large  bands  of  armed  men  said  to  be 
abolitionists,  but  thought  to  be  armory  men.  The  guns  from  armory  have  been  taken 
for  offensive  use  and  the  leaders  notified  our  men  that  no  trains  shall  pass  the  armory 
and  bridge.  Our  officers  were  fired  upon  and  a  laborer  nearly  killed.  The  wires 


THE    AFFAIR    AT    HARPERS    FERRY,   VA.  297 

being  cut,  we  got  our  advices  from  next  station,  but  they  are  entirely  reliable,  although 
it  may  be  exaggerated  in  some  degree.  Can  you  authorize  the  Government  officers 
and  military  from  Washington  to  go  on  our  train  at  three  twenty  this  afternoon  to 
the  scene  or  send  us  full  authority  for  volunteers  from  Baltimore  to  act?  We  will 
take  them  up  on  afternoon  express  if  necessary.  Please  advise  us  immediately  what 
the  Government  will  do.  Our  operations  on  road  being  in  meantime  suspended. 

JOHN  W.  GARRETT, 
President,  Baltimore  and  Ohio  Railroad. 


(57b.) 

RICHMOND,  VA.,  October  24,  1859. 
His  Excellency  JAMES  BUCHANAN, 

President  of  the  United  States. 

8m:  I  have  lately  returned  from  Harpers  Ferry,  to  which  place  I  was  suddenly 
called  on  the  17th  instant  by  causes  the  most  disturbing  and  destructive  to  the  peace 
of  this  State. 

A  regularly  organized  band  of  lawless  invaders,  with  the  purpose  of  emancipating 
slaves  in  Maryland  and  Virginia  by  force  and  arms  at  the  expense  of  the  lives  and 
property  of  our  people,  seized  the  United  States  arsenal,  with  its  arms,  munition, 
and  treasure,  and  made  that  arsenal  a  positive  danger  instead  of  being  a  protection 
to  the  surrounding  country  and  its  peaceful  inhabitants.  They  seized  upon  the 
Baltimore  and  Ohio  Eailroad,  one  of  the  great  national  thoroughfares,  and  arrested 
the  superintendents  and  cars  with  their  passengers,  and  shot  one  of  the  company's 
servants;  they  cut  the  telegraph  wires  and  prevented  the  transmission  of  intelligence 
on  the  highway;  they  shot  down  several  of  the  most  worthy  and  respectable  of  the 
citizens  of  the  town,  and  shot  and  wounded  dangerously  several  citizens  of  the 
adjoining  neighborhood  in  Virginia  who  went  to  the  lawful  defense  of  the  arsenal 
and  the  town  of  Harpers  Ferry.  Particulars  of  these  high  crimes  and  felonies  are 
or  will  be  duly  reported  to  you  by  the  proper  officers  of  the  United  States.  And  I 
obey  my  duty  to  the  Commonwealth,  wrhose  people  I  am  bound  to  protect  by  a  due 
execution  of  the  laws,  to  inform  you  that  after  due  personal  examination  of  the 
causes  of  these  outrages,  and  of  the  opportunities  for  their  commission,  I  am  con 
vinced  that  they  could  not  have  been  perpetrated  as  they  were,  by  less  than  20  men, 
if  a  proper  police  and  guard,  under  a  military  officer,  had  been  duly  organized  and 
kept  in  force  at  the  arsenal  of  Harpers  Ferry.  There  was  no  watch  worth  naming 
kept  at  the  arsenal,  and  no  military  or  civil  guard  whatever.  Finding,  on  Thursday 
morning  last,  that  the  United  States  marines  under  Colonel  Lee  had  been  ordered 
away  from  Harpers  Ferry,  and  that  there  was  no  guard  left  there,  I  organized  a  corps 
of  volunteers  to  watch  and  guard  the  confines  of  Virginia  contiguous  to  and  around 
the  arsenal  and  grounds  attacKed  thereto  ceded  to  the  United  States,  and  incident 
ally  to  afford  protection  to  the  same,  as  well  as  to  the  people  and  territory  of  Vir 
ginia,  until  the  Executive  of  the  United  States  shall  order  such  police  and  guard  as 
it  may  deem  necessary  and  proper  for  such  a  place. 

I  have  the  honor  to  be,  most  respectfully,  yours, 

HENRY  A.  WISE. 


298  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

POLITICAL,  DISTURBANCES  IN  LOUISIANA. 

(58.) 

NEW  ORLEANS,  August  l,  is<ii>. 
TJ.  S.  GRANT,  General  : 

You  are  doubtless  aware  of  the  serious  riot  which  occurred  in  this  city  on  the  I-Otli. 
A  political  body,  styling  itself  the  convention  of  1864,  met  on  the  30th  for,  as  it  is 
alleged,  the  purpose  of  remodeling  the  present  constitution  of  the  State.  The 
leaders  were  political  agitators  and  revolutionary  men,  and  the  action  of  the  conven 
tion  was  liable  to  produce  breaches  of  the  public  peace.  I  had  made  up  my  mind  to 
arrest  the  head  men  if  the  proceedings  of  the  convention  were  calculated  to  disturb 
the  tranquillity  of  the  department,  but  I  had  no  cause  for  action  until  they  com 
mitted  the  overt  act.  In  the  meantime  official  duty  called  me  to  Texas,  and  the 
mayor  of  the  city,  during  my  absence,  suppressed  the  convention  by  the  use1  of  the 
police  force,  and,  in  so  doing,  attacked  the  members  of  the  convention  and  a  party 
of  200  negroes  with  firearms,  clubs,  and  knives  in  a  manner  so  unnecessary  and 
atrocious  as  to  compel  me  to  say  that  it  was  murder.  About  40  whites  and  blacks 
were  thus  killed  and  about  160  wounded.  Everything  is  now  quiet,  but  I  deem  it 
best  to  maintain  a  military  supremacy  in  the  city  for  a  few  days  until  the  affair  is 
fully  investigated.  I  believe  the  sentiment  of  the  general  community  is  great  regret 
at  this  unnecessary  cruelty,  and  that  the  police  could  have  made  any  arrest  they 
saw  fit  without  sacrificing  lives. 

P.  H.  SHERIDAN, 
Major- General,  Commanding. 


(59.) 

EXECUTIVE  MANSION, 
Washington,  D.  C.,  August  4,  1866. 
Major-General  SHERIDAN, 

Commanding,  etc.,  New  Orleans,  La.: 

We  have  been  advised  here  that,  prior  to  the  assembling  of  the  illegal  and  extinct 
convention  elected  in  1864,  inflammatory  and  insurrectionary  speeches  were  made 
to  a  mob,  composed  of  white  and  colored  persons,  urging  them  to  arm  and  equip 
themselves  for  the  purpose  of  protecting  and  sustaining  the  convention  in  its  illegal 
and  unauthorized  proceedings,  intended  and  calculated  to  upturn  and  supersede  the 
existing  State  government  of  Louisiana,  which  had  been  recognized  by  the  Govern 
ment  of  the  United  States.  Further,  did  the  mob  assemble,  and  wras  it  armed  for 
the  purpose  of  sustaining  the  convention  in  its  usurpation  and  revolutionary  pro 
ceedings?  Have  any  arms  been  taken  from  persons  since  the  30th  ultimo,  who  were 
supposed  or  known  to  be  connected  with  this  mob?  Have  not  various  individuals 
been  assaulted  and  shot  by  persons  connected  with  this  mob  without  good  cause 
and  in  violation  with  the  public  peace  and  good  order?  Was  not  the  assembling  of 
this  convention  and  the  gathering  of  the  mob  for  its  defense  and  protection  the  main 
cause  of  the  riotous  and  unlawful  proceedings  of  the  civil  authorities  of  New  Orleans? 
Have  steps  been  taken  by  the  civil  authorities  to  arrest  and  try  any  and  all  those 
who  were  engaged  in  this  riot,  and  those  who  have  committed  offenses  in  violation 
of  law?  Can  ample  justice  be  meted  by  the  civil  authorities  to  all  offenders  against 
the  law?  Will  General  Sheridan  please  furnish  me  a  brief  reply  to  the  above 
inquiries,  with  such  other  information  as  he  may  be  in  possession  of? 

Please  answer  by  telegraph  at  your  earliest  convenience. 

ANDREW  JOHNSON, 
President  of  the  United  States. 


POLITICAL    DISTURBANCES    IN    LOUISIANA.  299 

(60.) 

NEW  ORLEANS,  LA.,  August  6, 1866 — 12  m. 
His  Excellency  ANDREW  JOHNSON, 

President  United  States: 

I  have  the  honor  to  make  the  following  reply  to  your  dispatch  of  August  4:  A 
very  large  number  of  colored  people  marched  in  procession  on  Friday  night,  July  27, 
and  were  addressed  from  the  steps  of  the  city  hall  by  Dr.  Dostie,  ex-Governor  Hahn, 
and  others.  The  speech  of  Dostie  was  intemperate  in  language  and  sentiment.  The 
speeches  of  the  others,  so  far  as  I  can  learn,  were  characterized  by  moderation.  I 
have  n<  >t  given  you  the  words  of  Dostie's  speech,  as  the  version  published  was  denied, 
but  from  what  I  have  learned  of  the  man  I  believe  they  were  intemperate. 

The  convention  assembled  at  12  m.  on  the  30th,  the  timid  members  absenting 
themselves,  because  the  tone  of  the  general  public  was  ominous  of  trouble.  I  think 
there  were  but  about  26  members  present.  In  the  front  of  the  Mechanics'  Institute, 
where  the  meeting  was  held,  there  were  assembled  some  colored  men,  women,  and 
children,  perhaps  18  or  20,  and  in  the  institute  a  number  of  colored  men,  probably 
150.  Among  those  outside  and  inside  there  might  have  been  a  pistol  in  the  posses 
sion  of  every  tenth  man. 

About  1  p.  m.  a  procession  of,  say,  from  60  to  130  colored  men  marched  up 
Burgundy  street  and  across  Canal  street  toward  the  convention,  carrying  the  Ameri 
can  flag. 

These  men  had  about  one  pistol  to  every  10  men,  and  canes  and  clubs  in  addition. 
While  crossing  Canal  street  a  row  occurred.  There  were  many  spectators  in  the 
streets,  and  their  manner  and  tone  toward  the  procession  unfriendly.  A  shot  was 
fired,  by  whom  I  am  not  able  to  state,  but  believe  it  to  have  been  a  policeman  or 
some  colored  man  in  the  procession.  This  led  to  other  shots  and  a  rush  after  the 
procession.  On  arrival  at  the  front  of  the  institute  there  was  some  throwing  of 
brickbats  by  both  sides.  The  police,  who  had  been  held  well  in  hand,  were  vigor 
ously  marched  to  the  scene  of  disorder.  The  procession  entered  the  institute  with 
the  flag,  about  six  or  eight  remaining  outside.  A  row  occurred  between  a  police 
man  and  one  of  those  colored  men,  and  a  shot  was  again  fired  by  one  of  the  parties, 
which  led  to  an  indiscriminate  fire  on  the  building  through  the  windows  by  the 
policemen.  This  had  been  going  on  for  a  short  time  when  a  white  flag  was  dis 
played  from  the  windows  of  the  institute,  whereupon  the  firing  ceased  and  the  police 
rushed  into  the  building. 

From  the  testimony  of  wounded  men  and  others  who  were  inside  the  building,  the 
policemen  opened  an  indiscriminate  fire  upon  the  audience  until  they  had  emptied 
their  revolvers,  when  they  retired,  and  those  inside  barricaded  the  doors.  The  door 
was  broken  in  and  the  firing  again  commenced,  when  many  of  the  colored  and  white 
people  either  escaped  through  the  door  or  were  passed  out  by  the  policemen  inside, 
but  as  they  came  out  the  policemen,  who  formed  the  circle  nearest  the  building,  fired 
upon  them,  and  they  were  again  fired  upon  by  the  citizens  that  formed  the  outer 
circle.  Many  of  those  wounded  and  taken  prisoners  and  others  who  were  prisoners 
and  not  wounded  were  fired  upon  by  their  captors  and  by  citizens.  The  wounded 
were  stabbed  while  lying  on  the  ground,  and  their  heads  beaten  with  brickbats  in 
the  yard  of  the  building,  whither  some  of  the  colored  men  had  escaped  and  partially 
secreted  themselves.  They  were  fired  upon  and  killed  or  wounded  by  policemen. 
Some  were  killed  and  wounded  several  squares  from  the  scene.  Members  of  the  con 
vention  were  wounded  by  the  policemen  while  in  their  hands  as  prisoners — some  of 
them  mortally. 

The  immediate  cause  of  this  terrible  affair  was  the  assemblage  of  this  convention; 
the  remote  cause  was  the  bitter  and  antagonistic  feeling  which  has  been  growing  in 
this  community  since  the  advent  of  the  present  mayor,  who,  in  the  organization  of 
his  police  force,  selected  many  desperate  men,  and  some  of  them  known  murderers. 


300  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

People  of  clear  views  were  overawed  by  want  of  confidence  in  the  mayor  and  fear  of 
the  thugs,  many  of  which  he  had  selected  for  his  police  force.  I  have  frequently 
been  spoken  to  by  prominent  citizens  on  this  subject,  and  have  heard  them  express 
fear  and  want  of  confidence  in  Mayor  Monroe.  Ever  since  the  intimation  of  this 
last  convention  movement  I  most  condemn  the  course  of  several  of  the  city  papers 
for  supporting  by  their  articles  the  bitter  feeling  of  bad  men.  As  to  the  merciless 
manner  in  which  the  convention  was  broken  up,  I  feel  obliged  to  confess  strong 
repugnance. 

It  is  useless  to  attempt  to  disguise  the  hostility  that  exists  on  the  part  of  a  great 
many  here  toward  Northern  men,  and  this  unfortunate  affair  has  so  precipitated 
matters  that  there  is  now  a  test  of  what  shall  be  the  status  of  Northern  men. 
Whether  they  can  live  here  without  being  in  constant  dread  or  not;  whether  they 
can  be  protected  in  life  and  property  and  have  justice  in  the  courts.  If  this  matter 
is  permitted  to  pass  over  without  a  thorough  and  determined  prosecution  of  those 
engaged  in,it  we  may  look  out  for  frequent  scenes  of  the  same  kind,  not  only  here, 
but  in  other  places.  No  steps  have  as  yet  been  taken  by  the  civil  authorities  to 
arrest  citizens  who  were  engaged  in  this  massacre  or  policemen  who  x>erpetrated 
such  cruelties.  The  members  of  the  convention  have  been  indicted  by  the  grand 
jury  and  many  of  them  arrested  and  held  to  bail.  As  to  whether  the  civil  authori 
ties  can  mete  out  ample  justice  to  the  guilty  parties  on  both  sides,  I  must  say  that  it 
is  my  opinion  unequivocally  that  they  can  not.  Judge  Abell,  whose  course  I  have 
closely  watched  for  nearly  a  year,  I  now  consider  one  of  the  most  dangerous  men 
that  wre  have  here  to  the  peace  and  quiet  of  the  city.  The  leading  men  of  the  con 
vention — King,  Cutler,  Hahn,  and  others — have  been  political  agitators  and  are  bad 
men.  I  regret  to  say  that  the  course  of  Governor  Wells  has  been  vacillating,  and 
that  during  the  late  trouble  he  has  shown  very  little  of  the  man. 

P.  II.  SHERIDAN, 
Major -General,  Commanding. 


WAR  DEPARTMENT, 
Washington  City,  August  7,  1806. 
Maj.  Gen.  P.  H.  SHERIDAN, 

Commanding,  etc.,  New  Orleans,  La.: 

The  President  directs  me  to  acknowledge  your  telegram  of  the  6th  in  answer  to 
his  inquiries  of  the  4th  instant.  On  the  3d  instant  instructions  were  sent  you  by 
General  Grant,  in  conformity  with  the  President's  directions,  authorizing  you  to 
"continue  to  enforce  martial  law  so  far  as  might  be  necessary  to  preserve  the  public 
peace,  and  ordering  you  not  to  allow  any  of  the  civil  authorities  to  act  as  you  deem 
such  action  dangerous  to  the  public  safety,  and  also  that  no  time  be  lost  in  investigat 
ing  the  causes  that  led  to  the  riot  and  the  facts  which  occurred."  By  these  instruc 
tions  the  President  designed  to  invest  in  you,  as  the  chief  military  commander, 
full  authority  for  the  maintenance  of  the  public  peace  and  safety,  as  lie  does  not  see 
that  anything  more  is  needed  pending  the  investigation  with  which  you  are  intrusted. 
But  if,  in  your  judgment,  your  powers  are  inadequate  to  preserve  the  peace  until  the 
facts  connected  with  the  riot  are  ascertained,  you  will  please  report  to  this  Depart 
ment  for  the  information  of  the  President. 

EDWIN  M.  ST ANTON, 

Secretary  of  War. 


POLITICAL    DISTURBANCES    IN    LOUISIANA.  301 

(62.) 

HEADQUARTERS  DEPARTMENT  OF  LOUISIANA, 
CIRCULAR  Xo.  2.]  Xeiv  Orleans,  La.,  September  1,  1868. 

In  order  that  the  official  relations  between  the  commanders  of  military  posts  and 
detachments,  and  the  sheriffs  of  the  various  parishes  and  counties  of  the  States  com 
prising  this  Department,  may  be  fully  understood  by  all  concerned,  the  following 
instructions  are  communicated  for  the  government  of  such  commanders: 

The  sheriff,  being  a  State  officer,  usually  appointed  for  a  particular  county  or  parish, 
is  restricted  in  the  execution  of  his  duties  to  the  territorial  limits  of  such  county  or 
parish.  His  right  to  require  the  assistance  of  the  posse  comitatus  is  supreme  within 
such  limits.  He  is  therefore  authorized,  in  cases  of  unlawful  resistance  to  his  authority 
clearly  shown  to  exist,  to  require  the  assistance  of  any  troops  serving  within  his  dis 
trict.  In  such  cases  the  military  commander  will  be  required  to  render  the  assistance 
called  for;  provided  that,  in  the  exercise  of  a  sound  discretion,  he  is  satisfied  that 
the  necessity  for  such  service  exists.  But  should  he  not  be  thoroughly  satisfied  of 
this,  he  will  decline  to  act  until  he  can  make  a  report  to,  and  receive  special  instruc 
tions  from,  these  headquarters,  in  each  case. 

The  official  relations  of  military  commanders  and  United  States  marshals  are  to  be 
defined  as  follows:  The  marshal,  being  a  United  States  officer,  is  acting  under  the 
same  authority,  as  that  which  governs  the  military  commander  himself;  and  his  dis 
trict  being  ordinarily  restricted  to  the  limits  of  the  State,  his  authority  to  call  for  the 
assistance  of  troops  in  cases  arising  out  of  a  resistance  to  the  laws  of  the  United  States, 
is  coextensive  with  the  limits  of  such  State.  He  will,  therefore,  have  a  right  to  call 
upon  any  military  commander,  within  his  district,  for  such  assistance  as  the  nature 
of  the  case  may  require;  but  the  military  commander  will,  as  before  indicated,  exer 
cise  a  sound  discretion  in  deciding  upon  the  necessity  for  the  use  of  his  troops. 

In  no  case  is  it  deemed  proper  to  consider  a  mere  riotous  demonstration  as  a  case 
of  calling  for  the  interposition  of  the  military  forces,  which  should  not  be  displayed 
until  it  shall  be  absolutely  necessary  for  them  to  act. 

By  command  of  Bvt.  Maj.  Gen.  R.  C.  Buchanan: 

THOS.  H.  NEILL, 
Major,  Twentieth  Infantry ;  Brevet  Brigadier- General,  U.  8.  A., 

Acting  Assistant  Adjutant- General. 

Official : 

NATHANIEL  BURBANK, 

Second  Lieutenant,  Thirty-seventh  Infantry; 

Bvt.  First  Lieut.,  U.  S.  A.,  Acting  Assistant  Adjutant-General. 


(63.) 

GENERAL  ORDERS,  \  HEADQUARTERS,  DEPARTMENT  OF  LOUISIANA, 

No.  3.  \  New  Orleans,  La.,  August  18,  1868. 

In  order  to  carry  out  the  instructions  from  the  Secretary  of  War  relative  to  the 
assistance  to  be  afforded  by  the  troops  on  duty  in  this  Department  to  the  civil 
authorities  in  case  of  domestic  disturbances  or  insurrections  arising  therein,  officers 
commanding  districts,  detachments,  and  posts  will  be  governed  by  the  following 
directions: 

Every  officer  will  keep  himself  well  informed  of  the  condition  of  affairs  in  his 
vicinity.  Should  a  necessity  arise  which,  in  his  opinion,  would  render  the  services 
of  troops  requisite  he  will  immediately  communicate  by  telegraph  with  these  head 
quarters,  stating  the  essential  facts  in  the  case  and  asking  for  the  necessary  instruc 
tions  for  his  government. 


302  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

Under  no  circumstances  will  any  interference  of  the  military  with  the  civil  authori 
ties  be  permitted;  nor  will  the  services  of  the  troops  be  made  use  of  unless  upon  spe 
cial  instructions,  previously  communicated,  in  each  case,  from  these  headquarters. 
By  command  of  Bvt.  Maj.  Gen.  R.  C.  Buchanan: 

THOS.   H.  NEILL, 
Major,  Twentieth  Infantry;  Brevet  Brigadier-General,  U.  S.  A., 

Acting  Assistant  Ad  jut  ant- General. 
Official: 

NATHANIEL  BURBANK, 

Second  Lieutenant,  Thirty-seventh  Infantry; 

Bvt.  First  Lieut.,  U.  S.  A.,  Acting  Assistant  Adjutant-General. 


(64.) 
[Telegram.] 

NEW  ORLEANS,  December  9,  1872. 
President  GRANT: 

Having  taken  the  oath  of  office  and  being  in  the  possession  of  the  gubernatorial 
office,  it  devolves  upon  me  to  urge  the  necessity  of  a  favorable  consideration  of  the 
request  of  the  general  assembly  as  conveyed  in  the  concurrent  resolution  of  this  day 
telegraphed  to  you  requesting  the  protection  of  the  United  States  Government.  Be 
pleased  to  send  the  necessary  orders  to  General  Emory.  This  seems  to  me  a  neces 
sary  measure  of  precaution,  although  all  is  quiet  here. 

P.  B.  S.  PINCHBACK, 
Lieutenant- Governor,  Acting  Governor  of  Louisiana. 


(65.) 
[Telegram.] 

NEW  ORLEANS,  December  9,  187  2. 

We  have  the  honor  to  transmit  to  Your  Excellency  the  following  concurrent  reso 
lutions  of  both  houses  of  the  general  assembly,  and  to  request  an  early  reply: 

Whereas,  the  general  assembly  is  now  convened  in  compliance  with  the  call  of  the 
governor,  and  certain  evil-disposed  persons  are  reported  to  be  forming  combinations 
to  disturb  the  public  peace,  defy  the  lawful  authority,  and  the  State  is  threatened 
with  violence:  Therefore, 

Be  it  resolved  by  the  senate  and  house  of  representatives  of  the  State  of  Louisiana  in 
general  assembly  convened,  That  the  President  of  the  United  States  be  requested  to 
afford  the  protection  guaranteed  each  State  by  the  Constitution  of  the  United  States 
when  threatened  with  domestic  violence,  and  that  the  presiding  officers  of  the  gen 
eral  assembly  transmit  this  resolution  immediately,  by  telegraph  or  otherwise,  to  the 
President  of  the  United  States. 

Adopted  in  general  assembly  convened  this  9th  day  of  December,  A.  D.  1872. 

P.  B.  S.  PINCHBACK, 
Lieutenant- Governor  and  President  of  the  Senate. 

CHAS.  W.  LOWELL, 

Speaker  of  the  House  of  Representatives. 
The  PRESIDENT  OF  TJIE  UNITED  STATES. 


POLITICAL    DISTURBANCES    IN    LOUISIANA. 

(66.) 
[Telegram.] 

NEW  ORLEANS,  December  11,  187.1. 
The  PRESIDENT  OF  THE  UNITED  STATES: 

Under  an  order  from  the  judge  of  the  United  States  district  court,  investing  James 
Longstreet,  Jacob  Hawkins,  and  others,  with  the  powers  and  duties  of  returning  officers 
under  State  election  law,  and  charging  them  with  the  duty  of  completing  the  legal 
returns  and  declaring  the  result  in  accordance  therewith,  those  persons  have  pro 
mulgated  results  based  upon  no  returns  whatever  and  no  evidence  except  ex  parte 
statements.  They  have  constructed  a  pretended  general  assembly,  composed  mainly 
of  candidates  defeated  at  the  election,  and  those  candidates  protected  by  United  States 
military  forces  have  taken  possession  of  the  statehouse  and  have  organized  a  pretended 
legislature,  which  to-day  has  passed  pretended  articles  of  impeachment  against  the 
governor;  in  pursuance  of  which  the  person  claiming  to  be  a  lieutenant-governor,  but 
whose  term  had  expired,  proclaimed  himself  acting  governor,  broke  into  the  execu 
tive  office  under  the  protection  of  United  States  soldiers  and  took  possession  of  the 
archives.  In  the  meantime  the  general  assembly  has  met  in  the  city  hall  and  organ 
ized  for  business  with  60  members  in  the  house  and  21  in  the  senate,  being  more 
than  a  quorum  of  both  bodies.  I  ask  and  believe  that  no  violent  action  be  taken 
and  no  force  used  by  the  Government,  at  least  until  the  supreme  court  shall  have 
passed  final  judgment  on  the  case.  A  full  statement  of  the  facts  will  be  laid  before 
you  and  the  Congress  in  a  few  days. 

H.  C.  WARMOTH, 

Governor  of  Louisiana. 


(67.) 

DEPARTMENT  OF  JUSTICE,  December  11,  1873. 
P.  B.  S.  PINCHBACK, 

Acting  Governor  of  Louisiana: 

Requisition  of  legislature  transmitted  by  you  is  received.  Whenever  it  becomes 
necessary,  in  the  judgment  of  the  President,  the  State  will  be  protected  from  domes 
tic  violence. 

GEO.  H.  WILLIAMS, 

Attorney- General. 


(68.) 

[Telegram.] 

NEW  ORLEANS,  12th,  1872. 
President  U.  S.  GRANT: 

In  view  of  the  tact  that  H.  C.  Warmoth,  assuming  to  act  as  governor  after  having 
been  impeached  and  suspended  from  his  office  of  governor  in  strict  compliance  with 
the  court  and  laws  of  this  State,  has  issued  a  proclamation  declaring  himself  as  still 
governor  of  the  State,  and  has  assumed  to  convene  an  illegal  body  of  men  styling 
themselves  a  legislature,  thus  endangering  the  public  peace  and  tranquillity,  and 
threatening  domestic  violence,  I  respectfully  request  that  the  commanding  officer  of 
this  department  be  instructed,  in  compliance  with  the  requisition  of  the  legislature, 
to  aid  and  assist  me  in  maintaining  the  public  peace  and  protection  and  sustaining 
the  legal  State  government. 

P.  B.  S.  PINCHBACK, 
Acting  Governor  of  Louisiana . 


304  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(69.) 

DEPARTMENT  OF  JUSTICE,  December  1,.\  1872. 
Acting  Governor  PINCHBACK, 

New  Orleans,  La.: 

Let  it  be  understood  that  you  are  recognized  by  the  President  as  the  lawful  exec 
utive  of  Louisiana,  ana  the  body  assembled  at  Mechanic's'  Institute  as  the  lawful 
legislature  of  the  State,  and  it  is  suggested  that  you  make  proclamation  to  that  effect, 
and  also  that  all  necessary  assistance  will  be  given  to  you  and  the  legislature  herein 
recognized  to  protect  the  State  from  disorder  and  violence. 

GEO.  H.  WILLIAMS, 

A  ttorney-  General. 


[Telegram.] 

NEW  ORLEANS,  [December]  12tli,  1872. 
His  Excellency  U.  S.  GRANT, 

President  United  States: 

Claiming  to  be  governor-elect  of  this  State,  I  beg  you,  in  the  name  of  all  justice,  to 
suspend  recognition  of  either  of  the  dual  governments  now  in  operation  here  until 
there  can  be  laid  before  you  all  facts  and  both  sides  touching  the  legitimacy  of  either 
government.  The  people  denying  the  legitimacy  of  Pinchback  government  and 
its  legislature  simply  ask  to  be  heard,  through  committee  of  many  of  our  best  citi 
zens  on  eve  of  departure  for  Washington,  before  you  recognize  the  one  or  the  other 
of  said  governments.  I  do  not  believe  we  will  be  condemned  before  we  are  fully 
heard. 

TNO.  McENERV. 


(71.) 

[Telegram.] 

NEW  ORLEANS,  December  14,  1872. 
President  U.  S.  GRANT, 

Washington,  D.  C.: 

Louisiana  Field  Artillery,  4  Napoleon  guns,  2  companies  infantry,  armed  with 
Winchester  rifles,  numbering  500  men,  nearly  all  the  militia  force  acting  under  the 
command  of  H.  C.  Warmoth,  stationed  in  the  State  armory,  with  arms  loaded,  are 
in  open  mutiny  and  disobedience  of  the  civil  and  military  authorities  of  the  State 
government.  They  have  been  repeatedly  commanded  to  lay  clown  their  arms.  A 
large  armed  police  force,  under  the  command  of  Gen.  A.  S.  Badger,  of  the  State 
militia,  has  been  ordered  to  take  the  position.  General  Badger  reports  the  position 
too  strong  for  his  force.  They  offer  to  surrender  to  any  United  States  military  force. 
I  have  sent  a  copy  of  the  dispatch  from  the  Attorney-General,  dated  the  12th  instant, 
to  the  commanding  general  of  this  department,  calling  upon  him  for  a  military  force 
for  the  purpose  of  suppressing  this  mutiny.  He  has  refused  to  comply  with  my 
demand,  and  alleges  a  want  of  proper  authority  in  the  premises.  I  would  respect 
fully  request,  in  compliance  with  the  requisition  of  the  legislature,  that  you  place  a 
military  force  at  my  disposal  in  order  to  enable  me  to  suppress  this  armed  revolt  and 
execute  the  laws. 

P.  B.  S.  PINCH  HACK, 
Lieutenant- Governor,  Acting  Governor  Louisiana. 


POLITICAL    DISTURBANCES    IN    LOUISIANA.  305 


[Telegram.] 

NEW  ORLEANS,  December  IS,  1872. 
ADJUTANT-GENERAL,  U.  S.  ARMY, 

Washington: 

There  is  imminent  danger  of  immediate  conflict  between  two  armed  bodies  of  men 
of  some  considerable  numbers — one  body  of  State  militia,  representing  Governor 
Warmoth.  holding  an  arsenal;  the  other  an  armed  body  of  police,  representing 
Governor  Piiichback.  I  have  been  appealed  to  to  interfere.  Shall  I  do  so;  and  if 
I  interfere,  to  which  party  shall  the  arsenal  be  delivered?  The  parties  are  face  to 
face  with  arms  in  their  hands.  I  beg  an  immediate  answer.  I  sent  an  officer  to  try 
what  can  be  done  by  persuasion  to  suspend  the  conflict  until  an  answer  can  be 
received.  There  will  be  no  resistance  to  the  Federal  forces. 

W.  H.  EMORY, 
Colonel,  Commanding. 


(73.) 
[Telegram.] 

WASHINGTON,  December  14,  1872. 
Gen.  W.  H.  EMORY,  U.  S.  Army, 

Commanding,  New  Orleans,  La.: 

You  may  use  all  necessary  force  to  preserve  the  peace,  and  will  recognize  the 
authority  of  Governor  Pinchback. 
By  order  of  the  President: 

E.  D.  TOWNSEND, 

Adjutant- General. 


(74.) 
[Telegram.] 

NEW  ORLEANS,  December  14,  1872. 
The  ADJUTANT-GENERAL,  U".  S.  ARMY: 

On  the  receipt  of  your  telegram  last  night  an  officer  was  sent  to  the  contesting  par 
ties  to  ask  the  evacuation  of  the  arsenal  and  the  dispersion  of  the  armed  forces.  The 
demand  was  promptly  complied  with  and  the  arsenal  turned  over  to  the  State 
authorities  this  morning.  Everything  now  is  quiet. 

W.  H.  EMORY, 
Colonel  Commanding,  Brevet  Major-General. 


(75.) 
[Telegram.] 

NEW  ORLEANS,  January  3,  1873. 
To  President  GRANT: 

Several  persons  wno  claim  to  have  been  elected  to  the  legislature,  in  conjunction 
with  II.  C.  Warmoth,  the  impeached  and  suspended  executive,  and  John  McEnery, 
late  Democratic  candidate  for  governor,  propose  to  meet  in  this  city  on  next  Monday 
and  organize  a  so-called  general  assembly  in  conflict  with  the  legislature  now  in  ses 
sion  at  the  statehouse,  and  to  inaugurate  said  McEnery  as  governor.  To  prevent  a 

8.  Doc.  209 20 


306  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

subversion  of  the  present  State  government  and  to  suppress  riot,  it  may  be  necessary 
for  me,  as  executive,  to  use  police  or  other  forces  to  prevent  this  revolutionary  move 
ment,  and,  in  my  judgment,  under  present  orders,  as  contained  in  the  telegrams  to 
General  Emory  from  the  President,  he  would  be  authorized  to  furnish  troops  to  sus 
tain  the  State  government.  I  have  just  ascertained  that  General  Emory  construes 
the  orders  already  given  to  have  been  intended  only  for  the  particular  occasion  upon 
which  they  were  issued,  and  unless  further  instructions  are  given  lie  will  decline 
responding  to  my  demands  for  troops  and  will  interfere  only  in  case  of  actual  riot. 
I  respectfully  request  that  the  order  be  repeated  or  extended  so  as  to  fully  cover  the 
case,  if  maintenance  of  State  government  and  good  order  require  me  to  make  the 
demand  on  him. 

P.    P>.    S.    PlN<  HBA(  K, 

Acting  Governor  of  Louisiana. 


(76.) 
[Telegram.] 

HEADQUARTERS  AKMY  OF  THE  UNITED  STATES, 

Washington,  7).  ('.,  Jaimari/ .},  AS'?.'. 
Col.  AY.  H.  EMORY, 

Commanding  Department,  Xeiv  Orleans,  La.: 

Your  dispatch,  through  General  McDowell,  has  been  laid  before  the  AYar  Depart 
ment  and  the  President,  and  you  are  hereby  authorized  to  use  your  troops  to  preserve 
peace,  should  a  contingency  arise  which,  in  your  judgment,  calls  for  it. 

By  command  of  General  Sherman: 

AV.M.  D.  AVnippu:, 

Assistant  Adjutant- General. 


(77.) 

[Telegram. — Private.] 

JANUARY  4,  1S73. 
S.  B.  PACKARD, 

United  States  Marshal,  New  Orleans,  La.: 

I  think  there  ought  to  be  no  forcible  interference  with  any  proceedings  to  inau 
gurate  McEnery,  if  they  are  not  accompanied  by  violence  and  there  is  no  attempt  to 
take  control  of  the  State  government. 

GEO.  H.  WILLIAMS, 

Attorney- General. 


(78.) 

[Tt'legram.     Dated  New  Orleans,  January  5, 1872;  received  at  northeast  corner  Fourteenth  street  and 
Pennsylvania  avenue  8.15  p.  m.] 

Hon.  GEORGE  H.  WILLIAMS, 

Attorney- General  United  States,  Washington: 

Members  of  legislature  returned,  as  elected  by  the  State  board,  recognized  by  Gov 
ernor  AYarmoth  before  the  assemblage  of  the  body  at  Mechanic's  Institute,  are  com 
pelled  to  meet  to-morrow,  under  our  constitution,  in  order  to  preserve  their  status. 
Their  assemblage  will  be  peaceable,  without  arms,  and  with  no  purpose  of  aggression, 
but  simply  to  organize. 


POLITICAL    DISTURBANCES    IN    ARKANSAS.  307 

The  organization  presided  over  by  Pinchback  has  threatened  violent  interference, 
from  which  serious  trouble  may  arise.  That  organization  derives  its  authority  from 
the  attitude  of  the  Federal  Executive  and  will  be  controlled  by  the  President. 

We  trust  that  he  will  discountenance  interference  with  this  assemblage,  which  has 
a  lawful  object  and  is  rendered  necessary  by  the  situation.  Please  see  the  President 
immediately. 

F.  N.  OGDEN, 
Attorney-General,  Louisiana. 


(79.) 

EXECUTIVE  MANSION, 
Washington,  D.  C.,  January  5,  1873, 

GENERAL:  The  President  directs  that  General  Emory  be  telegraphed  immediately 
that  he  inform  Governor  Pinchback  that  the  troops  will  not  be  furnished  to  disperse 
any  body  of  men  claiming  to  be  a  legislature,  or  otherwise  assembling  peaceably  and 
not  obstructing  the  administration  of  the  recognized  government  of  the  State. 

Very  respectfully, 

WM.  W.  BELKNAP, 

Secretary  of  War. 
Gen.  W.  T.  SHERMAN, 

Commanding  tlie  Army,  etc. 


(80.) 
[Telegram.] 

WESTERN  UNION  TELEGRAPH  COMPANY, 

New  Orleans,  -       -  11,  1873. 
(Received  at  Washington  January  11 — 10.15.) 
Col.  W.  D.  WHIPPLE, 

A ssista nt  A dji ( ta nt- General: 

As  Mr.  Kellogg  has  been  declared  by  Governor  Pinchback  and  the  legislature 
which  he  recognizes  as  the  governor-elect  of  Louisiana,  I  presume  it  is  intended  by 
my  instructions  that  I  shall  also  recognize  him,  and  shall  accordingly  do  so  unless 
otherwise  instructed.  Addressed  letters  to  the  General  Commanding  Army  on  8th 
and  9th  instant,  but  they  may  not  reach  in  time  for  action.  The  situation  is  becom 
ing  more  complicated,  and,  in  my  opinion,  the  use  of  the  troops  simply  to  keep  the 
peace  can  not  lead  to  a  satisfactory  or  permanent  solution  of  the  difficulties  here. 

W.  H.  EMORY, 
Colonel,  Commanding. 


[Document  No.  81.     Not  found.] 


POLITICAL,   DISTURBANCES   IN   ARKANSAS. 

(82.) 

[Telegram.] 

DEPARTMENT  OF  JUSTICE, 

Washington,  April  16,  1874- 
ISAAC  C.  MILLS,  Esq., 

United  States  Marxlial,  Little  Rock,  Ark.: 

Take  notice  of  existing  troubles  and  notify  the  officer  commanding  United  State: 
troops  if  collision  is  imminent.     He  is  expected  to  prevent  bloodshed. 

GEORGE  H.  WILLIAMS, 

A  Homey-General. 


308  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(83.) 

EXECUTIVE  MANSION, 
Washington,  11  C.,  April  J<i,  1874. 

SIR:  The  President  directs  me  to  request  that  yon  will  please  instruct  the  com 
manding  officer  at  Little  Rock,  Ark.,  to  take  no  part  in  the  political  controversy  in 
that  State,  unless  it  should  be  necessary  to  prevent  bloodshed  or  collision  of  armed 
bodies. 

1  am,  sir,  your  obedient  servant, 

O.  K.  BABCOCK, 

Secretary. 
The  SECRETARY  OF  WAR. 


(84.) 
[Telegram.] 

LITTLE  ROCK,  ARK.,  April  77,  1874* 
Attorney-General  WILLIAMS, 

Washington,  D.  C.: 

In  your  dispatch  to  Governor  Brooks  I  infer  that  you  intend  to  be  understood  as 
saying  that  the  President  can  not  recognize  him  as  governor  until  his  right  has  been 
fully  and  finally  recognized  by  the  courts.  I  understand  from  your  dispatch  to 
Governor  Baxter  that  the  President  can  not  recognize  him  as  governor  until  his  right 
lias  been  settled  by  the  supreme  court.  The  supreme  court  will  not  be  in  session 
until  June.  Now,  what  are  we  to  do  in  the  meantime?  Governor  Baxter  has  issued 
a  proclamation  putting  this  county  under  martial  law,  and  armed  men,  pretending 
to  act  under  his  orders,  are  patrolling  the  streets,  stopping  peaceable  and  unarmed 
citizens,  and  setting  the  authority  of  the  city  officers  at  defiance  and  arresting  the 
police.  Not  only  this,  private  property  is  being  forcibly  seized  and  appropriated  in 
a  like  manner.  The  construction  placed  on  your  dispatch  by  Governor  Baxter  is 
that  it  is  a  license  to  make  an  attack  on  the  Brooks  faction,  with  an  assurance  that 
in  so  doing  the  Federal  Government  wrill  not  interfere.  You  will  readily  see  that 
the  city  is  sure  to  become  a  scene  of  bloodshed,  and  over  a  strife  they  are  not  respon 
sible  for  and  which  they  have  not  the  power  to  settle  under  the  case  of  facts  stated 
and  placed,  when  an  appeal  to  either  one  of  the  persons  claiming  to  be  governor  lays 
the  city  authorities  liable  to  the  charge  of  being  the  partisans  of  the  one  appealed  to. 
I  desire  to  ask  you  if  the  Federal  Government  is  powerless  to  protect  the  lives  and 
property  of  20,000  inhabitants  who  are  situated  as  we  are.  If  you  will  instruct  the 
officers  in  command  of  the  arsenal  to  aid  the  city  police  in  making  the  arrest  of  men 
who  are  openly  violating  the  law  and  setting  the  same  at  defiance,  I  could  preserve 
the  peace  of  the  city  without  being  compelled  to  take  sides  with  either  of  the  con 
tending  factions.  This  question  of  one  who  is  the  rightful  governor  can  only  be  set 
tled  by  the  courts,  a  thing  that  may  not  be  done  for  the  next  twelve  months,  and  I 
now  implore  you,  in  the  name  of  peace,  to  aid  me  all  in  your  power  until  the  other 
question  is  settled. 

FRED  K.  KRAMER, 
Mayor,  City  of  Little  Hock,  A  rk. 


(85.) 
[Telegram.] 

DEPARTMENT  OF  JUSTICE, 

Washington,  April  17,  1874- 
S.  R.  HARRINGTON,  Esq., 

United  States  Attorney,  Little  Rock,  Ark.: 

Colonel  Rose  must  execute  the  orders  of  the  War  Department  to  prevent  blood 
shed  and  the  collision  of  armed  bodies  according  to  his  own  judgment. 

GEORGE  II.  WILLIAMS, 

A  ((orney- General. 


POLITICAL    DISTURBANCES    IN    ARKANSAS.  309 

(86.) 

EXECUTIVE  MANSION, 
Washington,  I).  C.,  Apr  HIS,  1874. 
Captain  ROSE, 

Commanding  United  States  Troops,  Little  Rock,  Ark.: 

I  have  a  dispatch  from  the  acting  president  of  the  Western  Union  Telegraph  Com 
pany,  saying  that  "Baxter's  officers  now  inspect  all  messages  at  Little  Rock  before 
transmission,  and  will  allow  no  messengers  to  pass  out  with  any  message  for  the 
Brooks  party,  whether  from  the  United  States  officials,  or  otherwise.  Under  thete 
circumstances  it  will  be  seen  that  this  company  is  unable  at  present  to  maintain  the 
sanctity  of  telegraphic  correspondence." 

While  the  Government  takes  no  part  in  the  unhappy  state  of  affairs  existing  in 
Arkansas  at  this  time,  you  will  see  that  all  official  dispatches  of  the  Government, 
whether  from  the  military  or  civil  departments,  are  transmitted  without  molestation 
by  either  of  the  contestants  for  the  gubernatorial  chair.  Report  to  the  Secretary  of 
Wai-  the  situation  of  affairs. 

U.  S.  GRANT. 


EXECUTIVE  OFFICE, 
Little  Rock,  Ark.,  April  20,  1874. 

SIK:  I  hereby  inform  you  that  one  Elisha  Baxter,  a  private  citizen,  pretending  to 
be  governor  of  Arkansas,  without  warrant  or  authority  of  law,  assumed  to  declare 
martial  law  in  the  capital  county  of  the  State,  and  to  appoint  a  pretended  military 
governor  of  the  city  of  Little  Rock,  the  seat  of  government. 

That  he  has  called  out  armed  bodies  of  men  for  the  avowed  purpose  of  attacking 
and  capturing  the  capitol  of  the  State,  by  military  force,  and  forcibly  installing  him 
self  as  governor  of  such  State. 

That  large  bodies  of  armed  men  have  assembled  and  are  continually  assembling 
under  said  Baxter's  proclamation  of  martial  law,  and  are  in  close  proximity  to  the 
statehouse;  and  have  this  day  actually  advanced  on  the  statehouse,  and  confronted 
a  body  of  Federal  troops  stationed  in  front  of  the  statehouse  under  orders  from 
their  commanding  officer  acting  under  your  commands  to  preserve  the  peace;  and 
were  only  prevented  from  making  the  attack  by  the  presence  of  Federal  troops. 

That  those  armed  bodies  have  seized  and  appropriated  private  property,  and  are 
hourly  seizing  and  appropriating  private  property,  without  compensation;  have  con 
scripted  and  are  continually  conscripting  private  citizens,  and  compelling  them  to 
aid  and  abet  them  in  their  insurrectionary  purposes;  and  have  seized  and  are  daily 
seizing  railroads  in  the  State,  and  appropriating  them  to  the  same  illegal  and  insur 
rectionary  purposes. 

That  those  armed  bodies  at  this  moment  are  assembled  within  a  few  hundred 
yards  of  the  statehouse,  and  have  threatened  an  immediate  attack  upon  it. 

That  the  legislature  of  the  State  adjourned  sine  die  in  April  last;  has  not  since 
been  convened;  is  not  now  in  session;  and  can  not  be  convened  in  time  to  prevent 
the  threatened  attack. 

That  domestic  violence  now  actually  exists  in  this  State,  and  at  the  seat  of  govern 
ment,  which  the  civil  and  military  authorities  under  my  control  are  powerless  to 
prevent  or  suppress.  Therefore,  I,  Joseph  Brooks,  governor  of  the  State  of  Arkansas, 
in  pursuance  of  the  Constitution  and  laws  of  the  United  States,  hereby  make  appli 
cation  to  Your  Excellency  to  protect  the  State  capitol  and  the  State  of  Arkansas 
against  domestic  violence  and  insurrection. 


FEDERAL    AID    IX    DOMESTIC    DISTURBANCES. 

In  testimony  whereof,  1  have  hereunto  set  my  hand  and  caused  the  great  seal  of 
the  State  to  be  affixed,  at  Little  Rock,  this  20th  day  of  April,  A.  P.  1874. 
[SEAL.]  JOSEPH  BROOKS, 

Governor. 
l>v  the  Governor: 
EDWARD  CURREY, 

Secretary  of  State  ad  interim. 

His  Excellency  U.  S.  GKANT," 

President  United  State*. 


(88.) 
[Telegram.] 

WASHINGTON,  P.  ("'.,  AjtrilM,  1874. 
Captain  ROSE,  IT.  S.  Army, 

Little  Rock,  Ark.: 

You  may  retire  to  the  arsenal  with  your  command  as  soon  as  danger  to  life  is 
no  longer  threatened,  and  leave  the  question  to  be  settled  by  the  contestants,  by  the 
courts,  or  other  peaceable  methods. 

W.  W.  BKLKNAI-, 

Secretary  of  }\<ir. 


(89.) 
[Telegram.] 

LITTLE  ROCK,  ARK.,  May  #,  1874- 
Hon.  GEORGE  H.  WILLIAMS, 

Attorney -General  United  States. 

SIR  :  Yours  of  this  date,  submitting  a  proposition  for  the  settlement  of  the  troubles 
in  Arkansas,  is  received  and  fully  considered.  A  similar  proposition  in  all  respects, 
except  so  far  as  relates  to  the  joint  call  of  the  legislature,  was  submitted  by  me  some 
two  weeks  since  and  rejected  by  Brooks.  I  can  not  consent  to  anything  that  will  in 
whole  or  part  recognize  Brooks  as  governor.  I  am  governor  or  I  am  not  governor. 
The  legislature  has  been  called  together  for  the  llth  of  this  month.  The  members 
are  rapidly  assembling,  with  nearly  a  quorum  present  now,  with  the  belief  that  they 
will  receive  the  protection  of  the  General  Government  in  their  meeting  and  delibera 
tions.  I  could  not  lawfully  disperse  them  if  I  would;  nor  have  I  any  means  of  com 
pelling  a  legislature  that  might  be  convened  under  the  proposed  joint  call  to  con 
form  to  the  terms  proposed.  The  legislature  might  as  well  meet  now  and  act  under 
iny  call,  because  it  might  not  return  two  weeks  hence,  and  in  the  meantime  we  arc 
iti  confusion,  with  no  recognized  governor  and  the  State  in  war.  To  dispose  of  all 
these  matters  I  have  called  the  legislature  for  the  llth  instant,  under  the  conviction 
it  would  assemble  and  be  protected  by  the  General  Government.  I  now  renew  my 
appeal  to  the  President  to  protect  the  legislature  now  called.  If  the  legislature 
meets  now  the  question  may  be  submitted  to  it  fairly  and  I  will  abide  its  decision 
fully.  I  am  therefore  constrained  to  decline  the  terms  proposed. 

ELISHA  BAXTER, 

Governor  of  Arkansas. 


POLITICAL    DISTURBANCES    IN    ARKANSAS.  311 

(90.) 
[Telegram.] 

BAKING  CROSS,  ARK.,  May  10,  1874. 
Attorney-General  WILLIAMS,  Washington: 

Your  dispatch  submitting  proposition  to  submit  question  of  who  was  duly  elected 
governor,  and  to  refrain  from  all  warlike  demonstrations  until  the  question  ia  finally 
decided  by  the  legislature  or  the  National  Government,  as  proposed  in  your  dispatch, 
is  accepted.  My  claims  to  the  governorship  of  Arkansas  have  already  been  adjudged 
in  the  circuit  court  and  the  right  to  exercise  the  office  declared  by  the  supreme 
court  in  n  proceeding  where  the  main  question  at  issue  was,  Who  is  the  governor  of 
Arkansas?  Notwithstanding  this,  I  feel  so  confident  of  my  election  and  the  justness 
of  my  cause  that  I  am  willing  to  submit  the  question  to  any  other  tribunals  you 
have  named,  and  peacefully  abide  the  determination,  at  all  times  asserting  that  the 
only  tribunal  that  can  or  has  the  right  to  construe  the  constitution  is  the  supreme 
court  of  the  State,  which,  in  its  late  decision  in  the  case  of  Brooks  against  Page, 
determined  that  the  circuit  court  had  both  the  power  and  jurisdiction  to  adjudicate 
my  right  to  the  office. 

JOSEPH  BROOKS, 
Governor  of  Arkansas. 


(91.) 
[Telegram.] 

LITTLE  ROCK,  ARK.,  May  10,  1874- 
The  PRESIDENT  OF  THE  UNITED  STATES: 

We,  the  undersigned,  members  of  the  legislature  of  this  State,  have  come  here  to 
meet,  under  the  call  of  Governor  Baxter,  on  to-morrow,  and  we  wish  to  meet  and 
settle  the  troubles  now  existing  here,  as  the  country  requires  it,  and  we  respectfully 
ask  protection  of  the  General  Government  while  wre  meet  and  deliberate.  We  hold 
the  matter  should  not  be  postponed,  and  all  that  we  can  do  to  have  a  fair  and  hon 
orable  adjustment  shall  be  done,  and  unless  we  are  protected  there  may  be  blood 
shed  here  in  a  very  short  time,  and  the  consequence  no  one  can  tell.  We  are  well 
satisfied  there  will  be  a  quorum  of  the  legislature  present  to-morrow  under  the  call 
of  Governor  Baxter,  and  we  are  satisfied  a  quorum  would  be  here  now  were  it  not 
for  the  unwarranted  seizure  and  suppression  of  the  trains  on  the  Little  Rock  and 
Fort  Smith  Railroad,  necessarily  delaying  the  members  of  the  legislature  from  the 
northwestern  portions  of  the  State. 

B.  F.  ASKEX. 

(And  28  others.) 


(92.) 
[Telegram.] 

LITTLE  ROCK,  ARK.,  May  10,  1874. 
Hon.  W.  W.  WILSHIRE,  ,T.  M.  JOHNSON,  or  Governor  P.  LOWE, 

Washington,  D.  C.: 

The  Little  Rock,  Fort  Smith  and  Memphis  Railroad,  all  in  the  interest  of  Brooks, 
have  ceased  running,  the  tracks  being  torn  up  to  prevent  the  arrival  of  members  of 
the  legislature.  The  salvation  of  the  people  ia  in  the  convening  of  the  legislature. 
Forty  members  are  here  and  the  balance  will  come  to  make  a  quorum  if  they  have 
to  fight  over  every  inch  of  ground  until  they  reach  the  capital.  Seventy-five  thou- 


312  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

sand  legal  voters  of  Arkansas  are  unit  in  this  cause  until  an  investigation  is  had 
by  the  legislature  into  the  office  of  governor,  the  only  legal  tribunal  under  our  con 
stitution  having  jurisdiction.  We  will  stand  by  Elisha  Baxter,  as  we  will  obey  no 
other. 

P..  F.  ASKEX, 

B.    B.    BEAVERS, 

R.    W.    McClIESNEY, 

(and  37  other  members  of  general  assembly  present  to-night). 


[Telegram.] 

WASHINGTON,  Muy  11,  1874. 
Hon.  JOSEPH  BROOKS, 

Little  Rock,  Ark.: 

I  have  suggested  to  Mr.  Baxter  that  the  members  of  the  general  assembly  now  in 
Little  Rock  adjourn  for  a  reasonable  time,  say  ten  days,  to  give  you  opportunity  to 
call  in  those  members  who  may  not  respond  to  his  call,  so  that  there  may  be  a  full 
legislature.  The  United  States  will  give  all  necessary  protection  to  the  legislature  in 
meeting  and  transacting  its  business  as  usual  at  the  statehouee,  and  prevent  as  far 
as  practicable  all  violence  and  disturbance  of  the  public  peace.  J  urgently  request 
that  the  military  of  both  parties  be  at  once  disbanded,  which  is  the  iirst  step. 
toward  a  peaceable  settlement. 

U.  S.  GRANT. 


(94.) 
[Telegram.] 

WASHINGTON,  May  11,  1814. 
Hon.  ELISHA  BAXTER, 

Little  Rock,  Ark.: 

I  recommend  that  the  members  of  the  general  assembly  now  at  Little  Rock 
adjourn  for  a  reasonable  time,  say  for  ten  days,  to  enable  Brooks  to  call  into  the 
body  his  supposed  adherents,  so  that  there  may  be  a  full  legislature.  Any  hasty 
action  by  a  part  of  the  assembly  will  not  be  satisfactory  to  the  people.  Brooks's 
friends  here  agree  that  if  this  course  is  pursued  no  opposition  will  be  made  to  the 
meeting  of  the  assembly  in  the  statehouse  as  usual,  and  that  he  will  at  once  dismiss 
his  forces  if  you  will  do  the  same.  I  urgently  request  that  all  armed  forces  on  both 
sides  be  disbanded,  so  that  the  general  assembly  may  act  free  from  any  military 
pressure  or  influence.  The  United  States  wrill  give  all  necessary  protection  to  the 
legislature,  and  prevent  as  far  as  practicable  all  violence  and  disturbance  of  the 
public  peace.  Answer. 

U.  S.  GRANT, 


(95.) 
[Telegram.     Dated  Little  Rock,  Ark.,  May  11,  1874,  3  a.  m.    Received  at ,  2.45  a.  in.] 

U.  S.  GRANT,  President: 

On  the  9th  of  May  the  Attorney-General  submitted  to  me  a  proposition  that  he 
said  had  your  approval.  On  the  10th  I  accepted  the  same  out  of  deference  to  your 
wishes,  feeling  that  in  doing  so  I  was  humiliating  myself  and  the  courts  of  the  State. 
This  I  did  solely  in  the  interest  of  peace,  supposing  that  Baxter  would  be  required 


POLITICAL    DISTURBANCES    IN    ARKANSAS.  313 

to  assent  to  your  proposed  plan  of  settlement.  In  accordance  with  the  proposition 
of  the  Attorney-General  I  issued  a  proclamation  convening  the  legislature  on  the 
fourth  Monday  of  the  present  month.  To  my  surprise  Baxter  has  declined  to  sub 
mit  the  question  of  his  election  to  the  legislature.  In  conversation  with  members 
thereof  he  boldly  proclaims  that  he  does  not  and  will  not  permit  an  investigation  of 
his  right  to  the  office.  Yet  you  ask  me  to  recognize  a  call  of  the  legislature  at  the 
instance  of  one  wrho  declares  the  question  at  issue,  and  for  which  you  insist  on  its 
being  assembled,  shall  not  be  settled  by  the  tribunal  you  desire  convened.  In  the 
attempted  organization  made  to-day,  which  failed,  although  persons  were  sworn  in 
as  members  from  districts  in  wrhich  no  vacancies  had  been  declared.  Both  houses  of 
the  legislature  now  have  a  quorum  in  existence.  This  quorum  should  pass  upon  the 
election  return  and  qualifications  of  the  newly  elected  members  instead  of  the  newly 
elected  members  themselves.  This  action  I  can  not  and  will  not  willingly  submit  to. 
Section  1,  article  IV,  of  the  Constitution  of  the  United  States  declares  that  full  faith  and 
credit  shall  be  given  to  the  judicial  proceedings  of  every  State;  arid  if  in  the  face  of 
the  decision  of  the  supreme  and  circuit  courts  of  the  States  deciding  that  I  am  and 
recognizing  me  as  the  legal  governor  you  can  recognize  Baxter  as  governor,  it  is  your 
duty  to  respond  to  his  application  for  Federal  help.  If  you  can  not,  it  is  your  duty  to 
assist  me  to  suppress  the  present  domestic  violence.  To  disband  my  troops  at  this 
time  under  no  other  assurance  than  is  contained  in  your  telegram  of  to-day  would 
result  not  only  in  the  assassination  of  the  judges  of  the  supreme  court,  but  of  many  of 
my  friends  and  especially  the  colored  men,  who  have  been  guilty  of  no  crime  save 
fidelity  to  law  and  order.  I  shall  hold  my  troops  together  for  the  purpose  of  protect 
ing  the  citizens  of  the  State  who  believe  the  expression  of  the  will  of  the  people  at  the 
ballot  box  should  be  enforced,  and  for  the  protection  of  those  who  stand  by  the  Con 
stitution,  laws,  and  the  adjudications  of  the  courts  of  the  country.  Federal  bayonets 
can  put  Baxter's  legislature  in  the  statehouse,  but  I  am  ignorant  of  the  clause  of  the 
Constitution  under  which  the  President  has  this  power;  nothing  else  will,  and  when 
there  I  doubt  if  you  can  compel  them  to  determine  who  is  governor.  It  is  time  this 
agony,  doubt,  and  uncertainty  was  over;  the  interests  of  humanity  demand  it  shall  be 
settled,  and  if  you  have  the  power  under  the  Constitution  and  laws  of  the  United  States 
to  settle  the  question  of  who  is  governor  of  Arkansas  adverse  to  the  decision  of  the 
courts  of  the  State,  settle  it,  and  settle  it  at  once.  I  shall  not  resist  what  you  may 
order  United  States  troops  to  do,  but  shall  with  all  the  power  at  my  command  repel 
any  and  all  attempts  by  Baxter's  forces  to  take  possession  of  the  statehouse.  I  am 
confident  that  a  legal  quorum  of  the  legislature  will  not  respond  to  Baxter's  call,  and 
I  shall  not  assent  nor  be  a  party  to  convening  the  legislature  under  any  other  agree 
ment  than  that  submitted  by  yourself  through  the  Attorney-General  on  the  9th 
instant. 

JOSEPH  BROOKS, 

Governor  of  Arkansas. 


(96.) 
[Telegram.] 

MARIANNA,  ARK.,  April  21,  1874. 
(Received  at  War  Department  11.20.) 
President  GRANT,  Washington,  D.  C.: 

For  the  sake  of  law  and  order,  take  some  steps  to  suppress  the  riot  in  Arkansas. 
Every  good  citizen  will  abide  your  command.  Speak  and  we'll  obey.  The  general 
impression  is  that  you  will  not  interfere;  thus  they  keep  up  the  fight.  Will  you 
save  us?  We  are  in  a  pitiable  condition.  For  God's  sake  help  us!  Our  whole  sal 
vation  depends  upon  our  crops.  If  this  matter  continues  much  longer  we  are  ruined. 


314  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

There  is  not  a  man  in  Arkansas  but  what  will  obey  your  orders,  if  you  will  onlv 
•demand.     President  Grant,  you  can  stop  this  muddle  if  you  will,  and  if  you  do  not 

you  are  responsible  for  our  ruin.     Know  from  whence  this  comes.     We  do  not  care 

and  I  speak  the  sentiments  of  the  people  of  Arkansas  without  egotism — who  is  gov 
ernor;  all  we  want  is  peace.     The  people  will  obey.     Answer. 

W.  II.  FORHISH, 
ftherijf',  Let'  County,  Ark. 


BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OK  AMERICA. 
A  PROCLAMATION. 

Whereas,  certain  turbulent  and  disorderly  persons,  pretending  that  Klisha  Baxter, 
the  present  executive  of  Arkansas,  was  not  elected,  have  combined  together  with 
force  and  arms  to  resist  his  authority  as  such  executive,  and  other  authorities  of  said 
State;  and  whereas,  said  Elisha  Baxter  has  been  declared  duly  elected  by  the  general 
assembly  of  said  State,  as  provided  in  the  constitution  thereof,  and  has  for  a  long 
period  been  exercising  the  functions  of  said  office,  into  which  he  was  inducted 
according  to  the  constitution  and  laws  of  said  State,  and  ought  by  its  citizens  to  be 
considered  the  lawful  executive  thereof;  and  whereas,  it  is  provided  in  the  Constitu 
tion  o'f  the  United  States  that  the  United  States  shall  protect  every  State  in  the 
Union,  on  application  of  the  legislature,  or  of  the  executive  when  the  legislature  can 
not  be  convened,  against  domestic  violence;  and  whereas,  said  Elisha  Baxter,  under 
section  4  of  Article  IV  of  the  Constitution  of  the  United  States  and  the  laws  passed 
in  pursuance  thereof,  has  heretofore  made  application  to  me  to  protect  said  State 
and  the  citizens  thereof  against  domestic  violence;  and  whereas,  the  general  assembly 
of  said  State  was  convened  in  extra  session  at  the  capital  thereof  on  the  llth  instant, 
pursuant  to  a  call  made  by  said  Elisha  Baxter,  and  both  houses  thereof  have  passed 
a  joint  resolution  also  applying  to  me  to  protect  the  State  against  domestic  violence; 
and  whereas,  it  is  provided  in  the  laws  of  the  United  States  that  in  all  cases  of  insur 
rection  in  any  State,  or  of  obstruction  to  the  law^s  thereof,  it  shall  be  lawful  for  the 
President  of  the  United  States,  on  application  of  the  legislature  of  such  State,  or  of 
the  executive  when  the  legislature  can  not  be  convened,  to  employ  such  part  of  the 
land  and  naval  forces  as  shall  be  judged  necessary  for  the  purpose  of  suppressing 
such  insurrection,  or  causing  the  laws  to  be  duly  executed;  and  whereas,  it  is  required 
that  whenever  it  may  be  necessary,  in  the  judgment  of  the  President,  to  use  the 
military  force  for  the  purpose  aforesaid,  he  shall  forthwith  by  proclamation  com 
mand  such  insurgents  to  disperse  and  retire  peaceably  to  their  respective  homes 
within  a  limited  time: 

Now,  therefore,  I,  Ulysses  S.  Grant,  President  of  the  United  States,  do  hereby 
make  proclamation  and  command  all  turbulent  and  disorderly  persons  to  disperse 
and  retire  peaceably  to  their  respective  abodes  within  ten  days  from  this  date,  and 
hereafter  to  submit  themselves  to  the  lawful  authority  of  said  executive  and  the 
other  constituted  authorities  of  said  State;  and  I  invoke  the  aid  and  cooperation  of 
all  good  citizens  thereof  to  uphold  law  and  preserve  public  peace. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the  seal  of  the  United 
States  to  be  affixed. 

Done  at  the  city  of  Washington,  this  15th  day  of  May  in  the  year  of  our  Lord 
eighteen  hundred  and  seventy-four,  and  of  the  Independence  of  the  United  States  the 
ninety-eighth. 

U.  S.  GRANT. 

By  the  President : 
HAMILTON  FISH, 

Secretary  of  State. 


LABOR    DISTURBANCES,   1877.  315 

LABOR  DISTURBANCES,  1877. 

(98.) 

WHEELING,  W.  YA.,  July  18,  1877. 
His  Excellency  R.  B.  HAYES, 

Prudent  of  the  United  Mate*: 

Owing  to  unlawful  combinations  and  domestic  violence  now  existing  at  Martins- 
burg  and  other  points  along  the  line  of  the  Baltimore  and  Ohio  Railroad  it  is  impos 
sible  with  any  force  at  my  command  to  execute  the  laws  of  the  State,  I  therefore 
call  upon  your  Excellency  for  the  assistance  of  the  United  States  military  to  protect 
the  law-abiding  people  of  the  State  against  domestic  violence  and  to  maintain  the 
supremacy  of  the  law.  The  legislature  is  not  now  in  session  and  could  not  be  assem 
bled  in  time  to  take  any  action  in  the  emergency.  A  force  of  from  two  to  three  hun 
dred  should  be  sent  without  delay  to  Martinsburg,  where  my  aid,  Colonel  Delaplaine, 
will  meet  and  confer  with  the  officer  in  charge. 

HENRY  M.  MATHEWS, 

Governor  of  West  Virginia. 


(99.) 

WHEELING,  W.  YA.,  July  18,  1877. 
Hon.  GKO.  W.  McCRARY, 

Secretary  of  War: 

The  only  organized  force  in  the  State  consists  of  four  companies.  Two  of  them  are 
at  Martinsburg  and  in  sympathy  with  rioters,  who  are  believed  to  be  800  strong. 
Another  company  is  38  miles  from  railroad;  only  one  company  of  40  men  efficient. 
No  organized  militia  in  the  State.  Will  send  Colonel  Delaplaine  to  see  the  President 
if  desired.  He  is  at  Martinsburg.  I  have  been  reluctant  to  call  on  the  President, 
but  deemed  it  necessary  to  prevent  bloodshed. 

HENRY  M.  MATHEWS. 


(100.) 

WHEELING,  W.  YA.,  July  18,  1877. 

Hon.    GEO.    W.   McCRARY, 

Secretary  of  War: 

The  legislature  of  1875  prohibited  the  enrollment  of  the  militia  of  this  State.  There 
is  now  but  one  volunteer  company  which  is  valuable  in  this  emergency.  I  have  no 
doubt  that  within  ten  days  I  could  organize  within  the  State  a  force  sufficient  to  sup 
press  any  riot,  but  in  the  meantime  much  property  will  be  destroyed,  and  what  is 
more  important,  valuable  lives  lost.  I  regret  the  necessity,  but  have  not  hesitated 
to  assume  the  responsibility  of  applying  to  the  President  for  assistance. 

HENRY  M.  MATHEWS. 


(101.) 

[Telegram.] 

WAR  DEPARTMENT, 
Washington,  D.  C.,  July  18,  1877. 
Governor  HENRY  M.  MATHEWS, 

Wheeling,  W.  Va.: 

Your  dispatch  to  the  President  asking  for  troops  is  received.  The  President  is 
averse  to  intervention  unless  it  is  clearly  shown  that  the  State  is  unable  to  suppress 
the  insurrection.  Please  furnish  a  full  statement  of  facts.  What  force  can  the  State 
raise?  How  strong  are  the  insurgents? 

GEORGE  W.  McCRARY, 

Secretary  of  War. 


316  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(102.) 
[Telegram.] 

WAR  DEPARTMENT,  ADJUTANT-GENERAL'S  OFFICE, 

Waxhint/foii,  July  IS,  1S77. 
The  COMMANDING  OFFICER,  TROOPS  AT  WASHINGTON  ARSENAL: 

The  Secretary  of  War  directs  that  you  proceed  with  the  companies  of  your  com 
mand,  every  available  man,  as  infantry,  and  with  the  least  practicable  delay,  to 
Martinsburg,  W.  Ya.,  there  to  report  and  confer  with  Colonel  Delaplaine,  aid  to  the 
governor  of  the  State. 

The  companies  from  Fort  McHenry  have  also  been  ordered,  and  you  will,  on  their 
arrival,  assume  command  of  all.  Your  services  will  be  in  connection  with  the  exist 
ing  riots  on  the  Baltimore  and  Ohio  Railroad. 

You  will, confer  with  the  authorities  of  the  Baltimore  and  Ohio  Railroad  at  the 
depot  in  this  city,  where  it  is  understood  the  company  will  have  transportation  ready 

to  move  at  a  moment's  notice. 

THOMAS  M.  VINCENT, 

Assistant  Adjutant- General. 


(108.) 
[Telegram.] 

ADJUTANT-GENERAL'S  OFFICE, 

Washington,  July  IS,  1S77. 
The  COMMANDING  OFFICER, 

Fort  McHenry,  3fd.: 

The  Secretary  of  War  directs  that  you  send  the  companies  of  your  command,  every 
available  man,  as  infantry,  and  with  the  least  practicable  delay,  to  Martinsburg, 
W.  Va.,  there  to  report  and  confer  with  Colonel  Delaplaine,  aid  to  the  governor  of 
the  State. 

Their  services  will  be  in  connection  with  the  existing  riots  on  the  Baltimore  and 
Ohio  Railroad. 

Confer  with  the  Baltimore  and  Ohio  Railroad  authorities,  who.  it  is  believed,  will 
have  transportation  ready  to  move  at  a  moment's  notice. 
Acknowledge  receipt. 

THOMAS  M.  VINCENT, 

Assistant  Adjutant- General. 


(104.) 

WAR  DEPARTMENT,  Washington,  July  IS,  1S77. 

GENERAL:  Please  direct  the  officer  in  command  of  troops  to  be  sent  to  Martinsburg 
to  await  the  President's  proclamation  commanding  the  insurgents  to  disperse  and 
retire  peaceably  to  places  of  abode.  The  proclamation  will  issue  at  once— probably 
this  evening  or  early  in  the  morning — and  will  be  published  at  the  scene  of  the  dis 
turbance  doubtless  by  the  time  our  forces  arrive  there,  but  if  not  they  will  delay 
until  its  publication. 

Respectfully,  GEO.  W.  MCCRARY, 

Secretary  of  War. 
Gen.  THOS.  M.  VINCENT, 

Assistant  Adjutant- General,  U.  8.  Army. 


LABOR    DISTURBANCES,   1877.  317 

(105.) 

HEADQUARTERS  U.  S.  TROOPS, 

Martinsburg,  W.  Va.,  July  20,  1877. 

Due  notification  having  been  given  by  the  proclamation  of  the  President  of  the 
United  States  to  those  concerned,  the  undersigned  warns  all  persons  engaged  in  the 
interruption  of  travel  on  the  Baltimore  and  Ohio  Railroad  that  the  United  States 
troops  must  not  be  impeded,  and  whoever  undertake  it  do  so  at  their  own  peril. 

WAI.  H.  FRENCH, 
Brt.  Maj.  Gen.,  U.  S.  Army,  Colonel  Fourth  Artillery,  Commanding. 


(106.) 
[Telegram  by  A.  &  P.  Co.] 

MARTINSBURG,  W.  VA.,  July  10,  1877. 
(Received  at  War  Department  July  19,  1877.) 
Colonel  VINCENT, 

Adjutant- General,  Washington: 

Proclamation  printed;  now  being  circulated.  After  12  o'clock,  if  the  insurgents 
have  not  dispersed,  the  troops  under  my  command  will  proceed  to  enforce  the  orders 
of  the  President.  At  present  everything  seems  quiet  and  I  doubt  whether  anything 
more  than  a  demonstration  will  be  required.  Whatever  action  I  may  determine 
upon,  will  be  after  consultation  with  and  full  concurrence  of  Colonel  Delaplaine,  aid 
to  the  governor. 

FRENCH, 
Colonel,  Commanding. 


(107.) 

BALTIMORE,  CAMDEN  STATION,  July  20,  1877. 
His  Excellency  R.  B.  HAYES. 

SIR:  An  assemblage  of  rioters,  to  be  dispersed  by  any  force  at  my  command,  has 
taken  possession  of  the  Baltimore  and  Ohio  Railroad  depot  here.  Set  fire  the  same 
and  have  driven  off  the  firemen  who  attempted  to  extinguish  the  same,  and  it  is 
impossible  with  force  at  my  command  to  disperse  the  rioters.  Under  circumstances, 
as  governor  of  the  State  of  Maryland,  I  call  upon  you  as  President  of  the  United 
States  to  furnish  the  force  necessary  to  protect  the  State  against  domestic  violence. 
The  legislature  of  the  State  not  in  session  and  can  not  be  convened  in  time  to  meet 
the  emergency. 

JOHN  LEE  CARROLL, 
Governor  of  Maryland. 


(108.) 
[Duplicate  of  Document  107.] 


318  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(109.) 

SOLDIERS'  HOME,   Wadi hit/ton,  July  21,  1S:7. 
Governor  JOHN  LEE  CARROLL, 

Baltimore,  ^fd.: 

The  President  directs  me  to  say  that  he  will  aid  you  to  the  extent  of  his  power. 
Available  troops  will  be  sent,  but  a  call  upon  neighboring  States  will  probably  be 
necessary.  Communicate  with  me  here  and  I  will  advise  you  more  definitely  in  a 
short  time. 

GEO.   W.   McCliARY, 

Secret ar ii  <>f  War. 


(110.) 
[Telegram.] 

SOLDIERS'  HOME,  July  21 — l.~j~>  a.  in. 
General  VINCENT, 

Assistant  Adjutant-General,  Washington: 

You  will  order  any  troops  now  at  Fort  McHenry  to  respond  to  call  of  governor  of 
Maryland  to  aid  in  suppressing  riot  in  Baltimore.  Also  order  any  artillery  at  Fort 
McHenry,  to  be  used  for  same  purpose,  under  the  governor's  orders.  Also  direct 
General  French  to  use,  in  his  discretion,  for  same  purpose,  any  troops  under  his 
command  not  needed  in  West  Virginia. 

The  President  directs  that  all  possible  aid  be  extended  the  State  authorities,  and 
you  may  use  discretion  in  ordering  any  force  in  reach  to  be  sent  to  the  governor. 

GEO.  W.  McCRARY, 

Secret  an  /  of  War. 


(111.) 

[Telegram.] 

SOLDIERS'  HOME,  July  21 — 2.40  a.  in. 

General  VINCENT:  Without  waiting  further  orders  consider  yourself  authorized  to 
send  any  troops  in  reach  to  aid  the  State  authorities  of  Maryland  in  suppressing  riot. 

GEO.  W.  MCCRARY, 

Secretary  of  War. 


(112.) 
[Telegram.] 

JULY  21—2.36  a.  m. 
Hon.  SECRETARY  OF  WAR, 

Soldiers'  Home: 
Can  the  marines  at  the  Marine  Barracks  in  this  city  be  ordered? 

VINCENT, 
Assistant  Adjutant-General. 


LABOK   DISTURBANCES,  1877. 
(113.) 

[Telegram.] 

SOLDIERS'  HOME,  July  -21,  1877 — 2.44  f<-  m. 

General  VINCENT:  The  President  wishes  all  available  forces  sent,  if  necessary.     If 
marines  are  needed  have  Secretary  of  Navy  order  them. 

GEO.   W.   McCRARY, 

Secretary  of  War. 


(114.) 
[Telegram  by  A.  &  P.  Co.,  1.30  p.  m.] 

HEADQUARTERS  OF  THE  ARMY, 

ADJUTANT-GENERAL'S  OFFICE, 

Washington,  July  21,  1877. 
General  FRENCH, 

Commanding,  Martinsburg,  W.  Va.: 

Secretary  of  War  directs  that  you  send  such  portions  of  your  command  as  you  can 
spare  to  Cumberland,  there  to  report  to  Colonel  Douglass,  of  Governor  Carroll's  staff, 
to  act  under  orders  of  governor.  Acknowledge  receipt  and  report  action,  keeping 
governor  of  West  Virginia  advised. 

VINCENT, 
Assistant  Adjutant-General. 


(115.) 
[Telegram.] 

WAR  DEPARTMENT,  July  21,  1877  —  a.  m. 
General  BARRY, 

Commanding  Fort  McHenry,  Baltimore: 

Secretary  of  War  directs  that  you  report  to  the  governor  of  Maryland  with  your 
guns  and  all  available  men  to  aid  in  quelling  riot. 
You  will  act  under  the  governor's  orders. 
Acknowledge  receipt. 

VINCENT, 
Assistant  A djutant- General. 


(116.) 
[Telegram.] 

CAMDEX  STATION,  July  21,  1877. 
Hon.  GEO.  W.  McCRARY: 

Order  has  been  restored  for  the  present  and  I  hope  we  may  be  able  to  restrain 
violence  with  our  military  and  the  police.  There  is  increased  lawlessness  at  Cum 
berland,  and  as  I  will  not  be  able  to  send  a  force  from  here  I  may  be  obliged  to  ask 
the  Government  for  aid.  1  will  communicate  again  in  the  morning.  Please  convey 
my  thanks  to  the  President  for  promptly  responding  to  my  request. 

JOHN  LEE  CARROLL. 


320  FEDEKAL    AID    IN    DOMESTIC    DISTURBANCES. 

(117.) 

[Telegram.] 

WAR  DEPARTMENT, 
ADJUTA  NT-(  J  EN  ERA  i,'  s  OFFICE, 
Washington,  Ju I;/  ,.>.',  1877 — 2..r>0  }>.  in. 
General  HANCOCK,  U.  S.  Army, 

Barnum's  Jfotel,  Baltimore: 

Your  dispatch  of  12.11  p.  m.  received.  Colonel  French,  now  at  Martinsburg,  has 
been  instructed  to  act  under  your  orders.  The  President  thinks  he  had  better  be 
directed  to  change  his  headquarters  to  Cumberland. 

Two  officers  and  50  men  have  been  ordered  from  Columbus,  Ohio,  to  Allegheny 
Arsenal,  and  2  officers  and  50  men  from  St.  Louis  Depot  to  Indianapolis  Arsemil. 
These  and  all  United  States  troops  in  the  disturbed  districts  are  under  your  orders. 
The  President  leaves  it  to  your  discretion  whether  to  transfer  any  from  Martinsburg 
to  Cumberland. 

E.  P.  TOWNSEXD, 

A  dj  ut  an  t-  Genera  L 


(118.) 
[Telegram.] 

WAR  DEPARTMENT, 
Washington,  D.  C.,  July  22,  1877. 
General  HANCOCK, 

Barnum's  Hotel,  Baltimore: 

The  President  directs  that  you  go  to  Philadelphia  as  soon  as  you  can  leave  Balti 
more,  taking  the  battalion  of  marines  with  you,  and  take  steps  to  protect  United  States 
property  there  against  mob  violence.  If  you  think  proper,  send  the  marines  in 
advance  of  you.  After  your  arrival,  telegraph  if  you  need  more  troops  from  here. 
There  are  160  army  and  about  100  marines,  but  they  ought  not  to  be  moved  if 
it  can  be  avoided.  Some  time  to-morrow  morning  there  will  be  about  400  more 
sailors  and  marines  here.  You  can  halt  the  troops  from  the  New  England  forts  at 
Philadelphia,  if  you  think  best.  The  governor  of  Pennsylvania  has  not  yet  made  a 
formal  call  for  troops,  but  the  President  wishes  to  prepare  in  season  for  emergencies. 
The  state  of  things  is  exceedingly  threatening  at  Philadelphia.  You  had  better  see 
Mr.  Scott.  Your  dispatch  about  company  at  Pittsburg  just  received.  If  not  wanted 
there,  it  might  be  ordered  to  Indianapolis,  at  your  discretion.  The  Secretary  does 
not  think  it  advisable  to  move  troops  from  Detroit,  etc. 
Please  acknowledge  receipt. 

E.  D.  TOWNSEND, 

Adjutant-General. 


(119.) 
[Telegram.? 

PHILADELPHIA,  July  22,  1877. 
Hon.  GEO.  W.  McCRARY, 

Secretary  War: 

We  have  been  advised  to-night  from  reliable  authority  of  a  most  serious  state  of 
affairs  at  Buffalo,  as  between  the  rioters  who  are  obstructing  the  Lake  Shore  road 
and  the  Erie  Railway  and  the  State  and  city  authorities  at  that  point,  which  shows 
a  complete  state  of  anarchy;  everything  being  in  the  hands  of  the  mob;  every  power 


LABOR    DISTURBANCES,  1877.  321 

of  the  General  Government  should  be  used  at  once,  and  there  is  no  doubt  that  any 
call  you  may  make  for  additional  troops  from  the  States  will  arouse  the  people  and 
be  responded  to  most  enthusiastically,  and  it  will  be  the  means  of  saving  the  country 
from  further  violence  to  persons  and  property. 
Please  acknowledge  receipt  of  message. 

W.  T.  STOKELEY, 

Mayor,  City  of  Philadelphia 


(120.) 
[Telegram.] 

SUNDAY  EVENING,  July  %'2,  1877 
The  MAYOK  OF  THE  CITY  OF  PHILADELPHIA: 

Troops  will  be  immediately  placed  in  Philadelphia  under  command  of  General 
Hancock  to  meet  any  emergency,  and  the  President  will  exert  every  constitutional 
power  to  restore  order  and  protect  property. 

GEO.   W.   McCRARY, 

Secretary  of  War. 
(Sent  11.35  p.  m.) 


(121.) 
[Telegram.] 

WAR  DEPARTMENT, 
ADJ  UTANT-GENERAL'S  OFFICE, 

Washington,  July  23,  1877. 
Major-(  General  HANCOCK,  Philadelphia: 

The  Secretary  of  War  directs  me  to  say  the  President  desires  you  to  understand 
that  you  have  full  authority  to  move  any  troops  within  your  division  as  you  may 
think  necessary  during  these  disturbances,  only  informing  this  office.  All  informa 
tion  which  may  aid  you  concerning  any  point  within  your  division  will  be  sent  from 
here,  and  the  President  relies  on  your  discretion  to  do  all  that  is  possible  within  the 
law  to  preserve  peace. 

E.  D.  TOWNSEND, 
Adjutant-  General 


(122.) 
[Telegram.] 

PHILADELPHIA,  PA.,  July  24,  1877. 
(Received  at  War  Department  July  24,  1877.) 
ADJUTANT-GENERAL  OF  THE  ARMY, 

Washington,  D.  C.: 

The  Federal  troops  in  Maryland  as  they  reached  there  were,  by  direction  of  the 
President,  ordered  to  be  reported  to  the  governor  of  the  State.  No  instructions  con 
cerning  that  matter  have  been  received  regarding  the  United  States  troops  arriving 
in  Pennsylvania  for  like  purposes.  As  the  governor  is,  before  long,  expected  to 
arrive  here,  it  might  be  well  that  I  should  know  by  the  time  of  his  arrival  whether 
the  same  course  is  to  be  pursued  here  as  in  Maryland. 

W.  S.  HANCOCK, 
Major-  General,  Commanding. 

S.  Doc.  209 21 


322  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(123.) 
[Telegram.] 

PHILADELPHIA,  July  24,  1877 — J.36  p.  m. 
Hon.  GEO.  W.  MC€RARY, 

Secretary  of  War,  Washington,  D.  C.: 

I  send  herewith  copies  of  dispatches  received  by  rue  this  afternoon  from  command 
ers  of  State  troops  within  20  miles  of  Philadelphia.  My  replies  are  also  communi 
cated.  These  dispatches  show  on  the  part  of  the  governor,  if  truly  represented,  and 
of  those  commanders,  a  certain  misapprehension  as  to  the  attitude  of  the  United 
States  troops,  especially  my  own,  as  commander,  but  which  exhibits  an  excellent 
intention  and  spirit  on  the  part  of  all  concerned,  and  to  which  I  respectfully  invite 
your  attention  in  connection  with  the  future  consideration  of  the  important  subject 
now  before  us.  My  dispatches  from  the  War  Department  plainly  indicate  to  me  the 
attitude  of  the  Government  at  the  present  date,  and  my -duties  are  clearly  understood; 
on  the  first  representation  by  the  State  authorities  in  Maryland  and  West  Virginia  of 
their  inability  to  preserve  order,  and  when  the  troops  were  first  ordered  they  were 
directed  to  be  reported  to  the  governors  of  the  States  in  which  they  were  placed, 
subject  to  the  civil  authorities  thereof.  The  governor  of  this  State  has  been  far  away 
and  is  not  now  probably  within  its  limits,  and  it  may  be  understood  that  he  is  not 
fully  advised  of  the  situation  here.  These  show  an  uncertainty,  however,  of  the 
course  to  be  pursued  under  present  circumstances.  I  am  convinced  that,  in  the 
interest  of  our  institutions,  the  State  authorities  should  be  first  required  to  develop 
the  fact  so  as  to  be  patent  to  the  world  whether  they  can  preserve  order  within  the 
limits  of  their  States  or  not,  under  such  circumstances  as  are  now  existing,  and 
especially  in  such  a  great  State  as  Pennsylvania,  and  that  this  question  should  first 
be  determined  before  any  further  action  should  be  taken  by  the  General  Govern 
ment.  The  legal  minds  of  this  country  have  proclaimed  that  the  civil  authorities 
are  supreme  under  the  Constitution  and  they  could  not  be  so  unless  the  Federal 
troops  are  always  subject  to  the  civil  authorities  in  the  same  way  as  other  people.  I 
have  yielded  to  that  doctrine,  although  I  have  been  always  of  the  impression  that 
under  our  system  of  government,  Federal  and  State,  each  claiming  certain  sovereign 
functions,  that  by  a  logical  sequence  there  is  a  point  when  if  civil  authority  of  the 
State  should  prove  powerless,  it  should,  for  the  time  being,  cease  to  reign,  and  the 
Federal  authority  assume  control. 

My  impression  is  that  when  the  State  governments  declare  their  inability  to  sup 
press  domestic  insurrection  through  the  ordinary  channels  and  call  upon  the  Presi 
dent  of  the  United  States  to  intervene  to  their  assistance,  he  should  not  do  it  through 
the  civil  powers  of  the  States  which  have  already  failed,  but  that  it  should  be  done 
by  the  intervention  of  Federal  authority  by  military  force  and  by  the  President 
exercising  the  control.  Should  the  President  transfer  his  troops  to  the  control  of 
the  governors  of  the  States  who  have  already  acknowledged  their  inability  to  pre 
serve  order  under  such  circumstances,  when  would  the  time  arrive  when  the  control 
of  the  State  authorities  should  cease  and  the  President  assume  control  through  his 
own  officials? 

My  impression  is  that  when  the  governor  ot  a  State  has  declared  his  inability  to 
suppress  an  insurrection  and  has  called  upon  the  President  ot  the  United  States 
under  the  Constitution  to  do  so,  that  from  that  time  commences  a  state  not  of  peace 
but  of  war,  and  that  although  civil  local  authority  still  exists,  yet  the  only  outcome 
is  to  resort  to  force  through  the  Federal  military  authorities,  and  that  can  only  be 
through  a  subordination  of  the  State  authorities  for  the  time  being  and  until  lawful 
order  is  restored;  otherwise  there  can  be  no  complete  exercise  of  power  in  a  military 
way  within  the  limits  of  the  State  by  the  Federal  officers.  I  only  present  these 


LABOR   DISTURBANCES,   1877.  323 

views  for  your  personal  consideration,  and  I  do  not  desire  them  to  be  urged  in  con 
nection  with  the  present  condition  of  affairs.  It  may  be  unnecessary,  but  you  are  at 
liberty  to  use  them  if  you  deem  it  best. 

W.  S.  HANCOCK, 
Major-General,  Commanding. 


READING,  PA. 
Maj.  Gen.  W.  S.  HANCOCK, 

St.  George's  Hotel,  Philadelphia: 

Have  just  received  orders  from  Governor  Hartranft  to  report  to  you  with  Sixteenth 
Regiment  Infantry,  National  Guard,  and  two  staff  officers  will  leave  here  this  evening 
with  Sixteenth  Regiment.  Please  advise. 

W.  J.  BOLTON. 


PHILADELPHIA,  July  24 — 6.25  p.  m. 
Maj.  Gen.  W.  J.  BOLTON,  Reading,  Pa.: 

Your  dispatch  received.  I  have  heard  nothing  of  Governor  Hartranft  on  the  sub 
ject  of  your  reporting  to  me.  My  dispatch  to  you  of  last  night  indicates  my  position 
in  the  State  at  this  time.  My  impression  is  that  the  governor  supposed  that  I  was  in 
command  here.  I  would  advise  you  to  consult  with  him  further  before  morning.  I 
think  he  only  intended  that  you  should  hold  yourself  in  readiness  subject  to  my 
orders,  supposing  that  I  had  authority  over  the  State  troops.  The  governor  will 
soon  be  here,  when  the  matter  will  be  determined,  and  I  advise  you  to  communicate 
with  him  further  before  morning. 

HANCOCK, 

Major- General. 


MALVERN,  PA.,  July  24. 
Major-General  HANCOCK 

St.  George's  Hotel,  Philadelphia: 

The  following  order  was  received  at  these  headquarters: 

"To  Gen.  J.  R.  Dobson,  Tenth  Division,  National  Guard,  of  Pennsylvania.     Report 
with  your  command  to  General  Hancock,  Philadelphia.     J.  F.  Hartranft." 
Pennsylvania  Railroad  Company  have  made  arrangements  for  our  transportation. 

J.  R.  DOBSON, 
Major- General. 


PHILADELPHIA. 
Gen.  J.  R.  DOBSON,  Malvern,  Pa.  : 

Your  dispatch  received.  I  have  heard  nothing  from  Governor  Hartranft  on  the 
subject  of  your  reporting  to  me.  The  order  was  doubtless  given  under  a  misappre 
hension  on  the  part  of  the  governor  as  to  extent  of  the  authority  being  exercised  by 
me  here.  I  would  advise  you  to  consult  with  him  further  before  moving  your  troops. 

W.  S.  HANCOCK, 
Major- General,  Commanding. 


(124.) 
[Duplicate  of  Document  122.] 


324  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(125.) 

[Telegram.] 

WAR  DEPARTMENT, 
ADJUTANT-GENERAL'S  OFFICE, 

Washington,  July  24,  1877 — 7. 50  p.  in. 
General  HANCOCK, 

St.  George'.*  Hotel,  Philadelphia: 

In  reply  to  your  inquiry,  received  4  p.  m.,  Federal  troops  in  Pennsylvania,  the 
Secretary  of  War  says,  are  to  act  under  the  orders  of  the  governor,  as  in  Maryland 
and  West  Virginia. 

E.  I).  To \VNSKN  i>, 

A  dju  tant-  Go  lera  I. 


(126.) 
[Telegram.] 

PHILADELPHIA,  PA.,  July  24,  1877. 
Gen.  E.  D.  TOWNSEND, 

Adjutant- General,  U.  S.  Army,  Washington,  D.  C.: 

Your  dispatch  giving  decision  of  Secretary  of  War  that  Federal  troops  in  Pennsyl 
vania  are  to  act  under  orders  of  the  governor  is  received. 

W.  S.  HANCOCK, 
Major-  General,  Commanding. 


(127.) 

[Telegram.] 

WAR  DEPARTMENT, 
Washington  City,  July  25,  1877. 
Gen.  W.  S.  HANCOCK, 

St.  George's  Hotel,  Philadelphia: 

Your  telegram  of  yesterday  has  been  duly  considered.  It  is  for  the  General  Gov 
ernment  to  determine  whether  it  will  direct  you  and  the  troops  under  your  command 
to  act  under  the  direction  of  the  State  which  calls  for  the  aid  of  the  United  States. 

Under  existing  circumstances  the  President  thinks  you  should  take  command  of 
all  troops  engaged  in  suppressing  domestic  violence  within  the  State  of  Pennsylva 
nia,  including  both  the  United  States  forces  and  the  forces  furnished  by  the  State. 

W.   McCRAKY, 

Secretary  of  War. 


(128.) 
[Telegram.] 

ST.  GEORGE'S  HOTEL, 
Philadelphia^  July  25,  1877. 
ADJUTANT-GENERAL  OF  THE  ARMY, 

Washington,  D.  C.: 

Reports  received  from  all  points  to-day  within  reach  <>t  my  troops  indicate  that 
matters  are  very  quiet.  It  may  be  the  lull  before  the  storm  elsewhere,  or  that  the 
backbone  of  the  disorders  within  these  limits  is  broken.  I  am  informed  that  Gov 
ernor  Hartranft  will  reach  here  about  4  p.  m.  to-day,  and  I  will  then  report  the  troops 
in  this  State  to  him  in  the  same  manner  they  were  tendered  to  the  governor  of 

Maryland  and  West  Virginia. 

HANCOCK, 
Major-General. 


LABOR    DISTURBANCES,   1877.  325 

(129.) 
[Telegram.] 

PHILADELPHIA,  July  26,  1877 — 1.30 p.  m. 
Hon.  SECRETARY  OF  WAR, 

Washington,  D.  C.: 

I  have  just  given  the  following  instructions  to  Maj.  John  Hamilton,  First  U.  S. 
Artillery,  at  West  Philadelphia  depot:  You  will  be  placed  in  command  of  a  detach 
ment  of  about  five  hundred  men,  to  go  on  a  special  train  over  the  Pennsylvania  Rail 
road  from  here  to  Pittsburg,  for  the  purpose  of  assisting  the  State  authorities  in  open 
ing  the  road  to  traffic  and  in  protection  of  property.  Your  troops  have  been  reported 
to  the  governor  of  the  State  for  service  in  connection  with  the  restoration  of  order 
and  the  preservation  of  the  peace  in  this  State.  The  same  instructions  will  govern 
as  were  given  you  on  the  occasion  of  your  taking  your  command  to  Reading.  A 
division  of  State  troops,  in  different  bodies,  will  follow  your  command  closely  at  cer 
tain  intervals,  and  the  governor  informs  Major-General  Hancock  that  he  will  accom 
pany  the  command.  The  hour  of  starting  will  be  intimated  to  you;  it  will  probably 
be  about  2  p.  m.  to-day,  if  the  troops  ordered  from  Washington  and  Baltimore  shall 
have  arrived.  The  train  for  your  command  is  now  in  waiting  for  you  at  West  Phila 
delphia  depot.  The  general  in  command  of  these  State  troops  in  Major-General 
Beaver,  who  is  known  to  General  Hancock  to  be  a  thoroughly  reliable  soldier  and 
equal  to  the  occasion.  You  will  take  ten  days'  rations  and  200  rounds  of  ammuni 
tion  per  man,  and  what  reserve  ammunition  Colonel  Brannan  can  give  you. 

HANCOCK, 
Major-  General. 

(130.) 

PHILADELPHIA,  July  26,  1877. 
R.  B.  HAYES, 

President,  Washington,  D.  C.: 

I  invite  your  attention  to  the  following  telegram,  just  received.  The  committee  of 
safety  represents  the  business  and  capital  of  the  city,  and  is  practically  in  control 
there  at  present: 

"  Pittsburg,  July  26,  1877.  To  Governor  Hartranft,  Philadelphia:  The  unanimous 
judgment  of  the  committee  of  safety  is,  that  the  peril  in  which  our  city  stands  demands 
that  the  President  be  strenuously  urged  to  place  here  immediately  a  prominent  army 
officer  of  nerve  and  judgment  to  take  charge  of  the  entire  situation  in  this  city  and 
county;  and  the  committee  ask  your  immediate  attention  in  this  matter.  Win.  G. 
Johnston,  Chairman." 

The  programme  arranged  by  General  Hancock,  General  Schofield,  and  myself 
will  be  promptly  and  vigorously  carried  out. 

J.  F.  HARTRANFT, 
Governor  of  Pennsylvania. 


(131.) 

[Telegram.] 

PHILADELPHIA,  PA., 

St.  George's  Hotel,  July  26,  1877. 
Hon.  GEORGE  W.  McCRARY, 

Washington,  D.  C.: 

Your  dispatch  of  this  date  received.     In  view  of  the  action  already  taken — the 
United  States  troops  having  been  placed  under  the  control  of  the  governor,  after  the 


326  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

proclamations  of  the  President  and  Governor  Hartranft — being  ready  and  willing  to 
proceed  in  the  direction  of  maintaining  the  supremacy  of  the  law,  and  with  the 
promise  of  success  with  the  Federal  assistance,  I  think  he  should  be  permitted  to 
develop  that  fact,  and  that  the  determination  of  the  question  you  submit  to  me 
should  now  be  deferred  at  least  until  there  has  been  an  absolute  failure  to  accom 
plish  successful  results  under  that  system. 

HANCOCK, 
Major-  General,  Co  m  m  finding. 


(132.) 
[Telegram  by  Western  Union  line.] 

PHILADELPHIA,  July  27,  1877. 
(Received  Washington,  8.55  p.  m.) 
Hon.  GEO.  W.  MC€RARY, 

Secretary  of  War,  Washington,  D.  €.: 

If  the  great  paternal  prestige  heretofore  recognized  by  all  citizens  of  the  Federal 
Government  with  the  people,  the  measures  that  have  already  been  taken  with  the 
Federal  force  at  their  disposal,  together  with  the  change  of  sentiment  among  the 
substantial  law-abiding  and  interested  people  to  preserve  order,  have  had  a  sufficient 
influence  upon  the  insurrectionary  element,  the  present  troubles  will,  I  think,  soon 
be  concluded.  Otherwise,  I  believe  the  great  railroad  and  other  corporations  will 
make  such  terms  with  their  employees  as  to  restore  order  promptly.  In  either  case 
the  truce  will  be  a  hollow  one.  The  corporations  will  gain  time,  believing  that  time 
will  strengthen  the  Federal  authority  before  other  outbreaks  can  recur,  and  believ 
ing  that  if  once  the  Federal  authorities  are  prepared,  by  legislation  or  otherwise,  to 
enter  into  such  matters  in  the  future  in  a  powerful  way  that  order  will  certainly  then 
be  maintained,  and  their  points  will  have  been  substantially  gained,  or  the  opposition 
elements,  feeling  themselves  unprepared  to  contest  this  question  further  at  this 
moment,  in  view  of  their  lack  of  preparation  to  meet  even  the  present  action  of  the 
Federal  power,  will  endeavor  to  gain  by  time  the  sympathies  of  large  masses  of  the 
people,  backed  by  the  prestige  of  certain  successes  in  the  past,  and  not  an  entire 
defeat  for  the  present,  and  will  be  confident  that  by  the  votes  attainable  by  that 
sympathy  they  will  be  enabled  to  so  influence  legislation,  State  and  National,  in  the 
direction  of  their  interests,  as  to  finally  accomplish  their  purposes.  It  will  soon  be 
determined  whether  the  State  authorities  have  sufficient  strength  to  preserve  order, 
and  I  think  that  fact  will  be  known  in  this  State  when  Governor  Hartranft,  with  the 
troops  at  his  disposal,  reaches  Pittsburg. 

Without  further  legislation  I  presume  the  next  probable  action  on  the  part  of  the 
Federal  Government,  when  the  States  acknowledge  themselves  powerless,  will  be  to 
order  troops  of  the  militia  from  other  States,  and  not  now  in  insurrection,  for  service 
in  insurrectionary  States,  to  subdue  the  turbulent  spirit  therein.  That  would  seem 
to  be,  considering  its  past  action,  the  next  opportunity  for  the  Federal  Government 
to  assume  direct  control  through  its  own  officials  if  the  law  was  believed  to  admit 
of  such  a  course. 

Must  there  not  be  some  process  by  which  the  troops  of  a  State  in  insurrection 
should  be  made  to  bear  their  just  proportion  of  the  burden  of  service  toward  the 
restoration  of  order  therein,  when  troops  of  other  States  are  called  from  their  homes 
for  such  duty  in  that  State?  There  can  not  be  two  heads  for  military  operations. 
Under  these  circumstances  it  must  be  that  the  governor  of  the  State  would  exercise 
control  of  not  only  the  forces  of  that  State  but  of  those  called  into  it  from  other 
States,  or  the  Federal  military  officials,  of  suitable  rank,  should  command  the  whole 
force  therein  under  Federal  authority.  I  think  that  question  can  readily  be  deter 
mined  at  the  proper  time  and  by  an  examination  of  the  law. 


LABOE   DISTURBANCES,   1877.  327 

But  whether  all  of  these  troops  should  be  mustered  into  service  of  the  United 
States  or  not,  or  whether  they  shall  all  serve  as  militia,  acting  under  their  own  officers 
in  conjunction  with  Federal  troops  and  under  Federal  authority,  is  a  matter  of  law; 
also  in  the  latter  case  the  United  States  would  have  to  feed,  clothe,  and  supply  them. 

I  still  believe  it  is  necessary  that  the  States  should,  after  an  effort,  first  establish 
and  declare  the  fact  whether  they  have  sufficient  vitality  to  meet  such  issues  before 
action  should  be  taken  by  the  Federal  authority,  other  than  that  which  has  already 
been  taken. 

There  has  been  no  previous  opportunity  under  our  present  constitution,  within 
my  recollection,  of  sufficient  magnitude  to  demand  a  proper  investigation  of  the 
delicate  question  arising  between  Federal  and  State  jurisdiction. 

In  such  connection  and  as  these  occasions  will  probably  be  repeated,  it  may  now  be 
wisdom  to  seize  the  opportunity  to  declare,  in  anticipation  of  the  future,  what  the 
law  is  in  reference  to  the  great  questions  which  I  have  discussed  in  this  and  a  previ 
ous  dispatch  as  to  the  relative  attitude  of  these  powers.  I  present  these  views  in 
continuation  of  the  subject,  as  discussed  in  a  former  telegram  to  you,  and  I  only 
send  them  now  to  show  you  how  I  look  at  these  matters  in  the  light  of  existing 
events. 

You  are  at  liberty  to  make  such  private  or  official  use  of  them  as  you  may  deem 
best.  It  may  be  stated  that  it  was  not  intended  by  the  leaders  that  this  outbreak 
should  occur  until  the  month  of  October,  but  certain  events  precipitated  matters  and 
the  leaders  were  made  to  follow. 

W.  S.  HANCOCK, 

Major-General. 


(133.) 
[Telegram.] 

INDIANAPOLIS,  IND.,  July  25,  1877. 
The  PRESIDENT  OP  THE  UNITED  STATES, 

Washington,  D.  C.: 

The  situation  here  is  most  critical  and  dangerous.  The  State  authorities  are  doing 
nothing  and  the  mob  is  the  only  supreme  authority  in  the  State  at  present.  They 
commit  no  other  violence  but  to  interrupt  railroads;  but  they  keep  together,  stop 
all  business,  and  by  suspension  of  business  large  numbers  of  men  will  soon  be  out  of 
employment,  upon  the  streets,  and  swelling  the  mob  there.  No  organization  here 
able  to  resist  or  subdue  them,  and  there  is  so  much  sympathy  with  the  strike  and  so 
much  distrust  of  the  local  authorities  that  I  regard  it  impossible  to  get  up  any  effi 
cient  organization  of  citizens.  The  town  is  full  of  idle  mechanics  and  laborers.  There 
may  be  an  outbreak  at  any  moment  and  the  consequences  will  be  most  disastrous. 
Can  not  you  order  Gen.  Jeff.  C.  Davis  here  to  take  command?  He  is  a  citizen  of  the 
State  and  has  great  influence  with  the  State  authorities. 

W.  Q.  GRESHAM. 


(134.) 

INDIANAPOLIS,  IND.,  July  26. 
The  PRESIDENT  OF  THE  UNITED  STATES, 

Washington,  D.  C.: 

In  view  of  the  threatened  domestic  violence  growing  out  of  the  railroad  strike,  I 
request  that  authority  be  at  once  given  to  the  commandant  of  the  arsenal  to  render 
me  all  the  aid  possible  in  preserving  the  public  peace. 

JAMES  D.  WILLIAMS, 

Governor  of  Indiana. 


328  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(135.) 

WAR  DEPARTMENT, 
Washington  City,  July  27,  1877. 
Governor  JAMES  D.  WILLIAMS, 

Indianapolis,  2nd.: 

I  am  directed  by  the  President  to  say  that' in  the  absence  of  a  call  upon  him  under 
the  Constitution  and  laws  for  military  aid  in  suppressing  domestic  violence,  the 
Federal  troops  at  Indianapolis  can  only  be  used  in  protecting  property  of  the  United 
States  and  enforcing  process  of  Federal  courts. 

GEO.    W.    McCRARY, 

Secretary  of  War. 


(136.) 

[Telegram.] 

WAR  DEPARTMENT, 
Washington,  D.  C\,  July  28,  1877. 
Gen.  W.  S.  HANCOCK, 

St.  George's  Hotel,  Philadelphia: 

Dispatches  have  been  received  from  United  States  judges  and  marshals  in  Indiana 
asking  that  troops  be  furnished  to  aid  the  marshal  in  enforcing  process  of  United 
States  courts.  They  have  been  referred  to  you.  The  President  thinks  the  troops 
may,  upon  the  application  of  the  marshal,  be  employed  for  this  purpose,  and  I  sug 
gest  that  you  so  inform  the  officers  in  command  at  Indianapolis  and  other  points 
where  disturbances  exist  or  may  occur.  Before  resorting  to  other  means  of  compel 
ling  obedience,  the  officer  in  command  of  troops  should  in  the  name  of  the  United 
States  command  the  insurgents  to  disperse  and  desist  from  resisting  the  process  of 
the  United  States. 

GEO.  W.  MCCRARY, 

Secretary  of  War. 


(137.) 

WAR  DEPARTMENT,  July  30,  1877— 6.05  p.  m. 
Major-General  HANCOCK, 

St.  George's  Hotel,  Philadelphia: 

The  Secretary  of  War  has  decided  that  troops  can  not  be  furnished  the  governor  of 
Indiana  except  on  call  made  in  due  form  upon  the  President  of  the  United  States. 

E.  D.  TOWNSEND, 

A  djutant-  Genera  I. 


(138.) 
[Telegram.] 

PHILADELPHIA,  August  2,  1877 — 1.45  p.  in. 
ADJUTANT-GENERAL  OF  THE  ARMY, 

Washington,  D.  C.: 

The  following  copies  of  dispatches  are  furnished  for  the  information  of  the  War 
Department: 

TOLEDO  DEPOT,  August  2,  ^77—11.15  a.  m. 
Major-General  HANCOCK,  U.  S.  Army, 

Philadelphia,  Pa.: 
The  authorities  here  request  that  I  stay  until  evening  and  render  assistance.    Shall 

I  proceed  to  Fort  Wayne  at  once,  or  remain  here  for  to-day? 

OTIS,  Commanding. 


LABOK   DISTURBANCES,  1877.  329 

PHILADELPHIA,  August  2,  1877 — 12  in. 
Lieutenant-Colonel  OTIS, 

Toledo,  Ohio: 

If  there  is  is  no  riot  at  Toledo,  nor  one  imminent,  go  on  to  Fort  Wayne,  where 
you  will  find  orders  to  proceed  to  Pittsburg.  If  there  is  a  riot  at  Toledo  and  you 
are  legally  summoned  as  part  of  a  posse  comitatus  you  will  have  to  obey  until  order 
is  restored.  You  must  judge,  but  take  no  part  there  unless  the  civil  authorities 
summon  you  in  a  legal  way  in  case  of  disorder.  The  governor  of  Ohio  has  not  asked 
for  Federal  troops  and  may  not  require  them.  Answer. 
By  command  of  Major-General  Hancock: 

MITCHELL, 

Acting  Assistant  Adjutant-General. 
HANCOCK, 

Major-  General. 


[Document  139  not  found.] 


(140.) 
[Telegram.] 

SPRINGFIELD,  ILL.,  Jidy  24,  1871. 
(Received,  Washington,  D.  C.,  8.40  p.  m.) 
Hon.  GEO.  W.  McCRARY, 

Secretary  of  War,  Washington,  I).  C.: 

\V1\\  there  be  any  United  States  troops  in  Chicago  to-morrow,  or  soon?     Please 
answer. 

S.  M.  CULLOM, 

Governor. 


(141.) 
[Telegram.] 

WAR  DEPARTMENT,  ADJUTANT-GENERAL'S  OFFICE, 

Washington,  July  24,  1877—9.55  p.  nl. 
GOVERNOR  OF  ILLINOIS, 

Springfield: 

Telegram  to  Secretary  of  War  received.  Six  companies  Twenty-second  Infantry 
are  en  route  to  Chicago.  Part  will  arrive  to-morrow  or  Thursday  morning,  remainder 
twenty-four  hours  later. 

Mayor  of  Chicago  has  expressed  opinion  that  presence  of  troops  there  will  only 
aggravate  existing  troubles,  but  thinks  that  as  the  companies  of  Twenty-second  are 
en  route,  and  that  being  known,  will  not  matter. 

E.  D.  TOWNSEND, 

Adjutant-  General. 


(142.) 
[Telegram.] 

SPRINGFIELD.  ILL.,  July  25,  1877. 
Hon.  GEO.  W.  MCCRARY, 

Secretary  oj  War,  Washington: 

The  mayor  of  Chicago  is  appealing  to  me  for  all  the  troops  that  can  possibly  be 
sent  in  at  once. 

S.  M.  CULLOM, 

Governor. 


330  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(143.) 

SPRINGFIELD,  ILL.  ,  July  25,  1877. 
His  Excellency  R.  B.  HAYES, 

President  United  States,  Washington,  D.  C.: 

Lawlessness  exists  in  this  State  to  such  an  extent  that  I  am  unable  with  forces  at 
ray  command  to  quell  the  same  and  protect  the  law-abiding  citizens  in  their  rights. 
I  therefore  call  upon  you  for  assistance  by  furnishing  military  aid  without  delay. 
Can  the  six  companies  at  Rock  Island  be  forwarded  to  Chicago  at  once?  Domestic 
violence  exists  in  the  State. 

S.  M.  CULLOM, 

Governor. 


(144.) 

WAR  DEPARTMENT, 
Washington,  D.  C.,  July  26,  1877. 
Col.  R.  C.  DRUM, 

Asssistant  Adjutant-General,  Chicago,  III: 

The  President  directs  that  you  use  the  United  States  troops  in  case  of  emergency 
in  suppressing  riot  at  Chicago,  under  orders  of  governor  of  the  State.  The  orders 
you  have  given  for  movement  of  troops  are  approved.  I  have  ordered  Major  Flagler 
to  send  you  the  Gatlings  and  ammunition.  Inform  Governor  Cullom  of  this  in  reply 
to  his  request  for  them.  Acknowledge  receipt. 

E.  D.  TOWNSEND, 

Adjutant-  General. 


(145.) 
[Telegram.] 

HEADQUARTERS  MILITARY  DIVISION  OF  THE  MISSOURI, 

Chicago,  III,  July  26,  1877. 
Gen.  E.  D.  TOWNSEND, 

Washington,  D.  C. : 

Your  dispatch  received.  Agreeably  to  instructions  contained  in  your  dispatch 
received  last  night,  I  informed  the  governor  of  Illinois  that  the  President  had 
directed  me  to  use  the  United  States  troops,  in  case  of  emergency,  in  suppressing  riot 
in  Chicago,  under  his,  the  governor's  orders.  In  response  the  governor  asked  me  to 
report  to  the  mayor  of  Chicago  and  act  in  concert  with  him  in  putting  down  mobs 
and  riots  and  in  keeping  the  peace  and  protecting  the  property  of  the  people. 

Immediately  on  receipt  of  this,  at  the  urgent  solicitation  of  the  mayor,  I  ordered 
the  two  companies  of  the  Twenty-second  Infantry — then  the  only  national  troops  in 
the  city — to  report  to  the  mayor,  and  they  were  at  once  placed  on  duty.  At  2  o'clock 
p.  m.  to-day  the  other  four  companies  of  the  Twenty-second  and  six  companies  of 
the  Ninth  Infantry  arrived  and  were  at  once  placed  at  the  disposal  of  the  mayor.  I 
have  not  learned  and  do  not  believe  that  any  of  the  companies  of  national  troops 
have  been  engaged  in  actual  conflict  with  the  mob,  but  think  that  thus  far  they  have 
been  engaged  in  protecting  property.  At  this  hour,  5  o'clock,  the  troops  are  in  the 
quarters  provided  for  them  by  the  Government. 

R.  C.  DRUM, 
Assistant  Adjutant-General. 


LABOE   DISTURBANCES,   1877.  331 

(146.) 
[Telegram.] 

WAR  DEPARTMENT, 
Washington,  I).  C.,  July  27,  1877. 
Col.  ft.  C.  DRUM, 

Chicago,  111: 

The  President  directs  that  the  troops  under  your  command  are  to  be  used  in  pro 
tecting  the  property  of  the  United  States  and  in  enforcing  the  process  of  the  courts 
of  the  United  States.  Should  a  pressing  emergency  again  arise  for  their  use  other 
wise,  you  will  telegraph  for  further  orders  unless  circumstances  make  it  impossible. 
You  will  make  such  display  of  your  force  for  moral  effect  as  you  may  deem  expedient, 
and  will  advise  me  as  to  situation. 

GEO.  W.  MCCRARY, 

Secretary  of  War. 


(147.) 
[Telegram.] 

WAR  DEPARTMENT, 
ADJUTANT-GENERAL'S  OFFICE, 
Washington,  July  30,  1877—8.55  p.  m. 
Lieut.  Gen.  P.  H.  SHERIDAN, 

Chicago,  III. : 

GENERAL:  In  reply  to  yours  of  4.35  of  this  date,  the  President  has  hoped  that  a 
necessity  would  not  arise  for  him  to  issue  a  proclamation  to  put  the  troops  under  the 
governor.  Unless  the  governor  urged  this  and  you  deem  it  necessary,  the  troops  as 
at  present  can  only  be  used  to  protect  public  property,  assist  in  executing  United 
States  civil  process,  or  to  display  such  strength  as  to  serve  the  moral  purpose  of 
keeping  the  peace. 

Very  respectfully,  your  obedient  servant, 

E.  D.  TOWNSEND, 

A  djutant-  General. 


(148.) 
[Telegram.] 

JULY  22,  1877. 
Hon.  G.  W.  MCCRARY, 

Secretary  of  War,  Soldiers'  Home: 

We  are  notified  that  a  general  strike  will  take  place  to-morrow  on  the  Union 
Pacific.  The  wages  paid  our  employees  are  liberal,  far  better  than  on  Eastern  roads. 
As  the  Government  has  a  large  interest  in  the  Union  Pacific,  we  think  it  proper  to 
lay  this  matter  before  yourself  and  the  President,  and  will  be  happy  to  adopt  any 
suggestions  you  may  make.  What  military  protection  can  the  Government  afford 
our  property  against  a  lawless  mob,  which,  judging  from  actions  at  Pittsburg  and 
elsewhere,  is  likely  to  follow  the  strike?  Please  answer. 

SIDNEY  DILLON, 
President,  Union  Pacific  Railroad. 


332  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(149.) 
[Telegram.] 

HEADQUARTERS  DEPARTMENT  OF  THE  PLATTE, 

ASSISTANT  ADJUTANT-GENERAL'S  OFFICE, 

Otnahtt,  Nt'hr.,  July  24,  1877. 
The  ADJUTANT-GENERAL,  U.  S.  ARMY, 

Washington,  D.  C\: 

In  the  absence  of  the  department  commander,  and  in  view  of  the  condition  of 
affairs  along  the  lines  of  railroads  between  this  place  and  Washington,  by  which 
communication,  both  by  mail  and  telegraph,  may  be  interrupted  at  any  moment,  I 
feel  it  my  duty  to  report,  for  the  information  of  the  honorable  Secretary  of  War,  the 
condition  of  affairs  in  this  vicinity,  and  to  ask  that  his  instructions  may  be  furnished 
without  .delay,  relative  to  the  use  of  the  troops,  should  the  emergency  occur  requiring 
their  use,  and  I  be  unable  at  the  time  to  communicate  with  the  Headquarters  of  the 
Army.  As  yet  there  has  been  no  strike  among  the  railroad  employees  here,  owing 
to  the  judicious  manner  in  which  they  have  been  treated,  but  disaffection  is  rife 
among  them,  and  with  the  bad  element  always  existing  in  a  frontier  town,  they  are 
at  any  moment  liable  to  be  incited  to  strike  by  designing  persons.  If  a  strike  occurs 
at  either  Omaha  or  Council  Bluffs  it  will  be  attended  with  much  destruction  of  prop 
erty,  including,  perhaps,  the  bridge  connecting  the  two  places,  and  with  serious  lo*s 
of  life. 

As  you  are  no  doubt  awrare,  there  is  no  organized  militia  in  either  Nebraska  or 
Wyoming,  and  if  troops  should  be  required,  calls  will  no  doubt  be  made  by  both 
governors  upon  the  President  for  the  use  of  the  United  States  troops.  To  prevent 
the  sacrifice  of  life  as  well  as  Ihe  destruction  of  property  by  timely  action,  if  required, 
I  would  respectfully  ask  that  such  instructions  may  be  given  as  to  the  use  of  the 
troops  in  this  vicinity  as  will  meet  any  emergency  that  may  arise.  From  present 
indications  it  seems  more  than  probable  that  communication  will  be  interrupted, 
and  to  this  I  ask  special  attention. 

I  am,  very  respectfully,  your  obedient  servant, 

R.   AVlLLIAMS, 

A  Distant  Adjutant-  General. 


(150.) 
[Telegram.] 

AVAR  DEPARTMENT, 
ADJUTANT-GENERAL'S  OFFICE, 
Washington,  July  24,  1877 — 7.25  p.  in. 
Asst.  Adjt.  Gen.  R.  WILLIAMS, 

Omaha,  Nebr.: ' 

Yours  of  this  date  asking  instructions  in  certain  events  is  received.  Troops  may 
be  used  to  protect  the  property  of  the  United  States,  and  by  their  presence  to  pro 
mote  peace  and  order.  They  can  not,  until  a  call  is  made  by  the  State  upon  the 
United  States  and  responded  to,  take  part  in  suppressing  insurrection  against  State 
law. 

E.  D.  TOWNSEND, 

A  djutant-  General. 


LABOE   DISTUKBANCES,  1877.  333 

(151.) 

WAR  DEPARTMENT, 
ADJUTANT-GENERAL'S  OFFICE, 

July  22,  1877. 
Maj.  JAS.  MCMILLAN, 

Second  Artillery,  Commanding  Washington  Arsenal,  District  of  Columbia. 
SIR:  The  President  of  the  United  States  places  under  your  command  the  entire 
force,  consisting  of  detachments  of  the  Army,  Navy,  and  Marine  Corps,  to  be  assem 
bled  at  Washington  Arsenal,  and  charges  you  to  confer  with  the  civil  government 
and  chief  of  police  of  the  District  of  Columbia  and  to  take  effective  measures  to  pre 
vent  any  riotous  disturbance  or  unlawful  violence  within  its  limits. 
I  am,  sir,  very  respectfully,  your  obedient  servant, 

E.  D.  TOWNSEND, 

Adjutant-  General. 


(152.) 

[Telegram.] 

LEAVENWORTH,  July  23,  1877. 
ADJUTANT-GENERAL,  U.  S.  ARMY, 

Washington,  D.  C.: 

Your  dispatch  received.  Six  companies  of  Twenty-third  Infantry  leave  .for  St. 
Louis  in  three  hours.  No  violence  there  yet;  the  difficulty  is  in  East  St.  Louis, 
which  is  in  Illinois.  I  have  ordered  Col.  Jeff.  C.  Davis,  a  prompt  and  reliable  officer, 
who  is  commanding  the  troops  going  down,  to  place  men  on  arrival  in  the  old  arsenal, 
present  recruiting  depot,  and  to  assume  command  at  the  post;  this  is  the  best  place 
for  them  until  they  are  to  be  used,  as  this  recruiting  depot  is  under  the  control  of  the 
Adjutant-General.  I  ask  that  my  order  to  Colonel  Davis  be  approved  by  the  Secretary 
of  War.  I  would  wish  to  know  whether  these  and  other  troops  I  can  send  forth 
with  are  to  act  under  my  authority  or  whether  I  and  they  shall  only  act  tinder  the 
directions  and  authority  of  the  State  civil  authorities  of  Missouri  and  Illinois,  and 
whether  for  simple  protection  of  persons  and  property  or  to  break  up  blockade  of 
trains.  I  will,  if  necessary,  go  down  myself  to-morrow,  but  should  like  answer  to 
these  questions  before  I  leave. 

JNO.  POPE, 
Brevet  Major- General,  Commanding. 


(153.) 
[Telegram.] 

WAR  DEPARTMENT, 

Washington,  July  24,  1877. 
Gen.  JOHN  POPE, 

Fort  Lcavenworth,  Kans.: 

Yours  of  23d  submitted  to  the  Secretary;  following  his  reply:  Your  order  to 
Colonel  Davis  approved.  The  troops  go  to  St.  Louis  to  protect  the  property  of  the 
United  States  and  by  their  presence  promote  peace  and  order.  They  can  not,  until 
a  call  is  made  by  State  upon  the  United  States  and  responded  to,  take  part  in 
suppressing  insurrection  against  State  law.  Let  Colonel  Davis  report  situation  upon 
his  arrival  and  keep  the  Department  advised  through  you. 

E.  D.  TOWNSEND, 

A  djutant-  General. 


334  FEDERAL    AID   IN    DOMESTIC    DISTURBANCES. 

(154.) 

DETROIT,  MICH.,  July  24,  1877. 
Hon.  SECRETARY  OF  WAR, 

Washington,  D.  €.: 

I  am  directed  by  the  governor  of  this  State  to  respectfully  request,  in  view  of  the 
very  unsettled  and  threatening  condition  of  affairs  in  this  immediate  neighborhood, 
that  the  United  States  troops  at  Fort  Wayne,  near  this  city,  may  be  made  subject  to 
his  orders,  in  case  of  an  emergency  arising  when  their  services  would  be  absolutely 
necessary  in  maintaining  peace  and  enforcing  obedience  to  the  raws. 

J.  M.  ROBERTSON, 
A djutant-  General,  Michigan. 


(155.) 

WAR  DEPARTMENT, 
ADJ  UTANT-GENERA  L'  s  OFFICE, 

Washington,  July  25,  1877. 
GOVERNOR  OF  MICHIGAN, 

Detroit: 

Your  telegram  to  the  Secretary  of  War,  by  your  adjutant-general,  received. 
The  troops  of  the  United  States  are  to  protect  public  property  and  by  presence 
promote  peace  and  order. 

They  cannot,  until  call  is  made  by  State  upon  United  States  and  responded  to, 
take  part  in  suppressing  insurrection  against  State  law. 

E.  D.  TOWNSEND, 

Adjutant-  General. 


(156.) 
[Telegram.] 

MILWAUKEE,  Wis.,  July  25,  1877. 
The  PRESIDENT  OF  THE  UNITED  STATES: 

There  is  danger  that  the  labor  insurrection  may  extend  to  this  city.  The  State 
has  little  or  no  militia  that  can  be  relied  upon.  There  are  at  the  Soldiers'  Home 
three  hundred  (300)  old  soldiers  subject  to  the  rules  and  articles  of  war  who  can  be 
usefully  organized  and  armed  for  effective  guard  duty  in  case  of  emergency.  Can 
these  men  be  used  as  a  part  of  the  national  force  or  as  a  part  of  the  State  militia? 

HARRISON  LUDINGTON, 

Governor  of  Wisconsin. 


(157.) 

WAR  DEPARTMENT, 
Washington  City,  August  2,  1877. 
Governor  HARRISON  LUDINGTON, 

Madison,  Wis. 

SIR:  Your  dispatch  relative  to  the  employment  of  soldiers  in  the  Soldiers'  Home 
at  Milwaukee  to  aid  in  suppressing  riot  was  received  and  duly  considered  by  the 
President,  but  before  any  action  was  had  on  the  subject  the  danger  apprehended 
seemed  to  have  passed  away.  This,  and  the  pressure  of  public  business  in  this 
Department,  must  explain  the  delay  in  answering. 

I  have  the  honor  to  be,  yours,  very  respectfully, 

GEO.  W.  McCRARY, 

Secretary  of  War. 


LABOE   DISTURBANCES,   1877.  335 

(158.) 

[Telegram.] 

COSMOPOLITAN  HOTEL, 

San  Francisco,  July  25,  1877. 
R.  B.  HAYES, 

Washington,  D.  C.: 

A  riot  is  apprehended  in  this  city,  in  which  case  more  force  will  be  required  than 
the  local  police  and  State  militia  can  supply.  I  respectfully  request  that  you  direct 
the  United  States  vessels  at  Mare  Island  to  take  position  in  the  harbor  in  front  of  the 
city  and  place  the  forces  there,  or  subject  to  my  call,  to  be  used  in  quelling  a  dis 
turbance  in  case  of  necessity.  Will  you  also  direct  the  proper  officer  to  issue  on  my 
order  such  arms  and  ammunition  as  the  emergency  may  require. 

WILLIAM  IRVIN, 
Governor  of  State  of  California,. 


(159.) 

[Telegram.] 

WAR  DEPARTMENT, 
Washington,  D.  C.,  July  25,  1877. 
His  Excellency  the  GOVERNOR  OF  CALIFORNIA, 

Sacramento,  Cal.: 

In  reply  to  your  request  for  arms  the  Secretary  of  War  suggests  you  call  011  Gen 
eral  McDowell,  who  has  full  discretion. 

E.  D.  TOWNSEND, 

A  djutant-  General. 


(160.) 

WAR  DEPARTMENT, 
QUARTERMASTER-GENERAL'S  OFFICE;* 

Washington,  D.  C.,  July  24,  1877. 
The  ADJUTANT-GENERAL,  U.  S.  ARMY. 

GENERAL:  I  hastily  replied  in  pencil  to  a  note  from  you  early  this  morning  in 
regard  to  requests  for  blankets,  etc.,  upon  the  War  Department  for  use  of  State 
militia  engaged  in  putting  down  the  riots  attending  the  present  strike  of  railroad 
hands. 

I  notice  that  one  request  for  blankets  is  for  a  regiment  of  Ohio  militia  stationed 
at  Columbus.  Another  is  for  Major-General  Brinton's  command  of  Pennsylvania 
militia,  on  duty  in  Pennsylvania. 

There  is  no  law  or  regulation  providing  for  issue  of  military  stores  of  the  United 
States  to  troops  not  mustered  into  the  service  of  the  United  States. 

But  the  President  is  to  see  that  the  laws  are  faithfully  executed,  and  he  is  to  give 
the  aid  of  the  United  States  troops,  or  to  call  out  the  militia  of  any  State  in  which  is 
an  insurrection  beyond  control  of  State  authorities,  and,  if  necessary,  he  can  call  on 
adjoining  States  for  their  militia. 

In  the  present  case  he  has  issued  proclamations  to  disperse  riots  in  West  Virginia, 
Maryland,  and  Pennsylvania,  but  not  in  Ohio. 

It  appears  to  me  that  the  President  is  the  sole  judge  of  what  steps  he  shall  take  to 
put  down  insurrection  and  domestic  violence.  That  he,  if  the  United  States  troops 
alone  are  not  immediately  available  in  sufficient  numbers,  may  make  use  of  the  State 
militia  to  any  extent.  He  need  not  muster  them  into  the  United  States  service,  when 
it  would  become  necessary  to  supply  them  outright  \vith  all  that  was  necessary  to 
efficiency  in  performing  the  duties  imposed  upon  them.  He  may  merely  aid  them 
to  the  extent  necessary  and  proper.  He  is  to  use  such  other  means  as  he  finds  neces 
sary.  (Rev.  Stat~  5300.) 


336  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

If  they  have  not  sufficient  arms  he  can  issue  those  of  the  United  States.  If  not 
sufficient  food,  he  can  supply  them  from  the  stores  or  credit  of  the  United  States. 
If  not  clothing  and  equipage  enough,  he  may  order  the  Quartermaster's  Department 
to  supply  such  articles  as  are  deficient  and  necessary  from  the  stories  provided  for  the 
defense  of  the  United  States  by  the  Regular  Army. 

In  fact,  the  whole  matter  is  within  his  discretion,  and  while  the  property  pur 
chased  with  appropriations  specially  made  by  Congress  to  clothe  and  equip  the  Army 
should  not  be  squandered  or  loaned  or  issued  to  irregular  troops  not  engaged  in 
actual  campaign  against  a  public,  domestic,  or  foreign  enemy,  he  may  use  this,  the 
people's  property,  to  protect  the  people  whenever  lie  deems  necessary. 

All  such  issues  should  be  made  known  to  Congress  at  the  next  session. 

To  apply  these  principles  to  the  requests  under  consideration: 

The  proclamation  of  the  President  sanctions  the  action  of  the  governor  of  Pennsyl 
vania  in  calling  out  State  troops,  and  under  the  call  of  the  governor  the  Tinted  States 
troops  themselves  have  in  small  numbers  been  sent  into  the  field. 

The  State  troops  suffering  for  want  of  blankets  may  properly  be  furnished  with 
such  as  are  absolutely  necessary  from  the  stores  of  the  War  Department,  and  when 
Congress  provides,  as  it  will  provide,  to  pay  the  State  the  expenses  of  putting  down 
these  riots,  swollen  to  the  extent  of  insurrection,  these  issues  should  be  charged  in 
the  account  with  the  State. 

If  the  governor  of  Ohio  has  sent  a  regiment  to  protect  the  arsenal  or  other  military 
establishment  at  Columbus  denuded  of  troops  by  their  removal  to  Pennsylvania  or 
Maryland,  then  I  think,  at  request  of  the  governor,  this  regiment  may  be  supplied 
with  blankets  in  absence  of  any  call  for  aid  from  the  governor  and  proclamation  from 
the  President.  But  if  the  governor  has  not  called  upon  the  President  for  aid  of 
troops  but  only  in  a  time  of  insurrection  for  the  issue  of  certain  military  stores,  then 
this,  it  seems  to  me,  is  a  call  for  aid  under  the  Constitution,  and  I  do  not  see  that 
the  President's  discretion  or  his  action  is  limited.  He  can  grant  the  aid  asked  if  he 
thinks  it  necessary,  whether  ft  be  in  the  form  of  United  States  troops  or  of  arms  or 
of  any  other  military  stores  which  he  has  available. 

All  is  for  the  protection  of  life  and  property,  and  all  is  at  his  command. 
Very  respectfully,  your  obedient  servant, 

M.  C.  MEKSS, 
Quarter master- General,  U.  8.  Army. 


LAWLESSNESS   IN   NEW   MEXICO. 

(161.) 
[Telegram.] 

HEADQUARTERS  DEPARTMENT  OF  THE  MISSOURI, 

Fort  Leavenworth,  Kans.,  February  25,  1X78. 
ADJUTANT-GENERAL,  U.  S.  ARMY, 

Washington,  I).  ('.: 

Commanding  officer,  district  of  New  Mexico,  telegraphs  that  governor  of  Territory 
has  applied  to  him  officially  for  assistance  of  United  States  troops  to  enforce  the  laws 
in  Lincoln  County. 

Have  replied  that  troops  can  only  be  furnished  for  purpose  indicated  on  the  orders 
of  the  President,  based  on  application  made  to  him  by  the  governor. 

JOHN  POPE, 

Hrevet  Major- General,  Commanding. 
Official  copy.     Original  sent  by  telegraph. 

Jxo.  POPE, 
Brevet  Major- General,  U.  8.  Army,  Commanding. 


LAWLESSNESS    IN    NEW    MEXICO,  337 

(162.) 
[Telegram.] 

SANTA  FE,  N.  MEX.,  March  4,  1878. 
The  PRESIDENT  OF  UNITED  STATES, 

Washington,  D.  C.: 

"Fort  Stanton,  N.  Mex.,  February  28,  1878.  Thomas  B.  Catron,  esq.,  United 
States  Attorney,  Santa  Fe,  N.  Mex.  Dear  Sir:  A.  A.  McSween,  Weideman,  and 
others,  have  collected  a  well-armed  mob  of  about  50  men,  and  are  still  getting  more 
to  join  them.  They  defy  the  law.  They  threaten  the  lives  and  property  of  our 
best  citizens.  The  good  and  law-abiding  citizens,  although  far  in  majority,  are  not 
able  to  compete  with  them  for  want  of  arms.  I  can  not  serve  any  legal  document 
or  carry  out  the  law  if  I  am  not  assisted  by  the  military.  Please  see  his  excellency 
the  governor  and  ask  him  to  obtain  an  order  from  General  Hatch  to  the  post  com 
mander  of  Fort  Stanton  to  protect  me  in  the  discharge  of  my  official  duties.  I  am, 
sir,  very  respectfully,  your  obedient  servant,  Wm.  Brady,  sheriff  Lincoln  County." 

"United  States  Attorney's  Office,  Santa  Fe,  N.  Mex.,  March  3,  1878.  Respect 
fully  referred  to  His  Excellency  Governor  Axtell.  T.  B.  Catron,  United  States 
attorney."  "  I  know  the  sheriff  and  believe  his  dispatch  to  be  true.  One  man,  an 
Englishman  by  the  name  of  Truesdell,  has  been  killed.  I  start  in  the  morning  for 
the  scene  of  action.  It  will  take  me  four  days  to  go  there.  I  hope  orders  may  be 
given  to  General  Hatch  to  render  me  such  assistance  as  will  enable  me  to  keep  the 
peace  and  protect  life  and  property.  S.  B.  Axtell,  Governor  of  New  Mexico." 

Respectfully  referred  to  General  Sherman  for  proper  orders.  The  military  can  be 
ordered  to  support  the  civil  Territorial  authorities  in  maintaining  order  and  enforcing 
legal  process. 

GEO.  W.  McCRARY, 

Secretury  of  War. 
MARCH  5,  1878. 


(163.) 
[Telegram.] 

HEADQUARTERS  ARMY  OF  THE  UNITED  STATES, 

Washington,  D.  C.,  March  5,  1878. 
Gen.  P.  H.  SHERIDAN, 

Commanding  Division,  Chicago,  III.: 

The  governor  of  New  Mexico,  Axtell,  telegraphs  the  President  that  certain  men 
at  and  near  Fort  Stanton  have  collected  a  well-armed  mob  of  about  50  men  who 
defy  the  law,  threaten  the  lives  of  the  best  citizens,  and  resist  the  authority  of  the 
sheriff,  Brady.  The  Secretary  of  War  decides  that  the  military  authorities  of  the 
United  States  must  support  the  civil  Territorial  authorities  in  maintaining  order  and 
in  enforcing  legal  process.  Please  so  order  by  telegraph,  and  if  there  be  not  sufficient 
force  at  Fort  Stanton  cause  it  to  be  reenforced  so  that  prompt  and  decisive  action  may 
be  taken. 

W.  T.  SHERMAN, 

General. 
Copy  to  Secretary  of  War. 

S.  Doc.  209 22 


338  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(164.) 

BUREAU  OF  MILITARY  JUSTICE,  WAR  DEPARTMENT, 

June  8,  1878. 
Hon.  GEO.  W.  McCitARY, 

Secretary  of  War. 

SIR:  In  response  to  your  within  indorsement  of  the  3d  instant,  requiring  my  opinion 
upon  the  question  whether  there  has  been  any  violation  of  law  in  the  use  of  United 
States  troops  in  Lincoln  County,  N.  Mex.,  as  set  forth  in  the  reports,  herewith 
returned,  of  Lieut.  Col.  N.  A.  M.  Dudley,  Ninth  Cavalry,  commanding  at  Fort  Stan- 
ton,  N.  Mex.,  of  May  4  and  11  last,  I  have  the  honor  to  submit  as  follows: 

In  a  report  to  the  Secretary  of  War  of  March  1  last,  in  regard  to  the  use  of  troops 
in  Texas,  I  had  the  honor  to  express  an  opinion  to  the  following  effect: 

' '  That  a  sheriff  or  other  State  official  has  no  such  authority  as  that  possessed  by  a 
United  States  marshal  to  call  upon  United  States  troops  as  such  to  serve  upon  a 
posse,  and  that  United  States  troops,  on  the  other  hand,  while  required  to  comply 
with  the  call  of  a  marshal  to  assist  him  to  execute  the  laws  of  the  United  States,  can 
not  legally  serve  on  the  posse  comitatus  of  a  sheriff  or  other  State  official.  The  Army 
is  an  instrument  to  assist  the  Executive  of  the  United  States  to  enforce  the  laws  of 
the  United  States,  and  can  not  be  employed  to  aid  in  executing  the  laws  of  a  State  or 
process  of  a  State  court  except  in  the  special  case  when  ordered  by  the  President  to 
render  such  service  under  and  by  virtue  of  section  4,  Article  IV  of  the  Constitution." 

In  my  judgment  the  law  as  thus  stated  applies  equally  to  the  use  of  troops  in  a 
Territory  as  in  a  Gtate. 

In  a  Territory  the  sheriff  is  a  local  officer  wrhose  duty  it  is  to  execute  process  issued 
under  the  local  law,  i.  e.,  the  laws  enacted  by  the  Territorial  legislature  for  purposes 
of  internal  government.  He  is  vested  with  no  authority  to  execute  process  in  the 
name  of  the  United  States,  the  only  officer  whom  I  can  find  to  be  so  authorized 
being  the  marshal  of  the  United  States  for  the  Territory.  Section  11  of  the  act  of 
September  9,  1850,  to  establish  the  Territorial  government  of  New  Mexico  (and  see 
Rev.  Stat.,  sec.  1876),  provides  for  the  appointment  by  the  President  of  a  marshal, 
who  is  required  to  "  execute  all  process  issuing  from  "  the  district  courts  of  the  Ter 
ritory,  ''when  exercising  their  jurisdiction  as  circuit  and  district  courts  of  the 
United  States;"  that  is  to  say  (to  cite  from  sec.  10  of  the  same  act,  establishing  these 
courts),  jurisdiction  "  in  cases  arising  under  the  Constitution  and  laws  of  the  United 
States." 

As  to  the  governor,  while  it  appears  that  he  made  an  application  to  the  President 
for  military  aid,  this  application,  which  was  of  an  informal  character,  was  not 
accompanied  by  any  statement  that  the  legislature  could  not  be  convened — the  con 
tingency  contemplated  by  the  Constitution  upon  which  only  the  application  of  a 
governor  may  be  acceded  to — nor  does  it  elsewhere  appear  that  such  contingency 
existed.  But  even  if  it  did  the  application  would  not  have  been  within  the  consti 
tutional  provision,  since  the  same  provides  for  the  protection  from  "domestic 
violence"  only  of  "States  in  the  Union,"  not  Territories. 

I  may  add  that  I  do  not  find  anything  in  the  provisions  in  regard  to  the  office  and 
powers  of  the  governor  contained  in  the  act  of  1850  above  cited  (or  the  Revised 
Statutes)  from  which  any  general  authority  to  require  from  the  President  a  military 
force  to  assist  in  executing  the  local  law  can  in  my  judgment  be  implied.  He  is 
indeed  appointed  by  the  President,  and  by  section  3  of  the  act  indicated  (and  see 
Rev.  Stat.,  sec.  1841)  i's  vested  with  "the  executive  power  and  authority  in  and 
over  said  Territory,"  but  this  is  shown  by  the  other  provision  of  the  section  and  of 
the  act  to  mean  power  to  execute  the  laws  passed  by  the  legislature  created  by  the 
same  act,  his  authority  being  thus  local,  not  Federal. 

"The  theory,"  says  Chief  Justice  Chase  in  Clinton?'.  Englebrecht  (13  Wallace, 


CHINESE    OUTRAGES.  339 

441),  "upon  which  the  various  governments  for  portions  of  the  territory  of  the 
United  States  have  been  organized  has  ever  been  that  of  leaving  to  the  inhabitants 
all  the  powers  of  self-government  consistent  with  the  supremacy  and  supervision  of 
national  authority." 

I  can  but  arrive,  therefore,  at  the  conclusion  that  the  furnishing  oi  troops  to  aid 
the  Territorial  sheriff  to  serve  warrants,  guard  prisoners,  etc.,  in  this  case  was  with 
out  authority  of  law,  as  was  also  the  furnishing  of  the  same  for  any  purpose  at  the 
demand  of  the  district  judge. 

It  would  seem,  indeed,  that  the  governor  of  a  Territory  was  in  a  position  properly 
to  be  authorized,  with  even  more  reason  than  the  governor  of  a  State,  to  call  upon 
the  President  for  assistance  such  as  was  asked  for  in  this  instance.  But,  as  it  is 
observed  by  Attorney-General  Gushing  (VII  Opin.,  574),  "it  is  remarkable  how 
silent  the  Constitution  is  on  the  subject  of  a  Territory,  so  called — that  is,  an  organ 
ized  government  within  the  Union,  but  not  of  it."  And  in  view  of  this  silence  and 
of  the  fact  that  Congress  in  the  exercise  of  the  "  supremacy  and  supervision"  referred 
to  by  the  Chief  Justice  and  vested  in  it  by  paragraph  2,  section  3,  Article  IV  of  the 
Constitution  has  omitted  to  make  any  enactment  authorizing  the  Executive  to  inter 
pose  for  the  enforcement  of  the  local  laws  of  a  Territory,  I  can  not  believe  that  it 
would  be  safe  to  sanction  the  uses  made  of  the  United  States  troops,  as  stated  in  the 
report  of  Colonel  Dudley,  except  in  so  far  as  they  may  have  been  employed  at  the 
call  of  the  marshal  or  his  deputy. 

W.  M.  DUXN, 
Judge- Advocate-  General. 


CHINESE  OUTRAGES. 

(165.) 
[Telegram.] 

WAR  DEPARTMENT, 
Am UT ANT-GENERA L' s  OFFICE, 

Washington,  September  7,  1885. 
Gen.  JNO.  M.  SCHOFIELD, 

Chicago,  III: 

In  reply  to  your  dispatch  of  to-day  I  am  instructed  to  say  that  by  the  third  article 
of  our  treaty  with  China  this  Government  has  agreed  to  exert  all  its  power  to  devise 
means  to  protect  Chinese  laborers  from  ill  treatment  at  the  hands  of  any  other  per 
sons.  In  view  of  this  treaty  stipulation  and  of  the  representation  of  the  governor  of 
Wyoming  that  the  civil  powers  of  that  Territory  are  unable  to  protect  lives  and 
property  and  preserve  the  peace  in  certain  localities  therein,  the  President  directs 
that  you  send  to  the  points  where  violence  exists  or  is  threatened  a  suitable  military 
force.  If  necessity  actually  exists  for  the  employment  of  this  force  in  protecting  life 
and  property  and  aiding  the  civil  authorities  in  preserving  the  peace  and  in  the 
arrest  of  those  committing  offenses  against  the  laws,  you  are  authorized  to  use  it  for 
these  purposes,  but  care  should  be  taken  that  the  military  force  is  not  needlessly 
employed. 

The  President  desires  that  the  commander  of  each  detachment  communicate 
directly  with  you  and  receive  instructions  directly  from  you,  to  make  sure  that  the 
force  is  not  unnecessarily  used,  and  that  you  keep  the  Department  frequently 
informed  of  the  condition  of  affairs  at  each  of  the  disturbed  localities. 

Please  acknowledge  receipt. 

R.  C.  DRUM, 

Adjutant-  General. 


340  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(166.) 

CHICAGO,  ILL.,  Septembers,  1885. 
The  GOVERNOR  OF  WYOMING  TERRITORY, 

Rock  Springs,  Wyo.: 

I  am  authorized  by  the  President  to  use  the  United  States  troops,  in  case  of  actual 
necessity,  to  protect  the  lives  and  property  of  Chinese  laborers  in  Wyoming  and  to 
aid  the  civil  authorities  in  preserving  the  peace  and  arresting  offenders  against  the  law. 
I  have  given  the  necessary  orders  for  the  action  of  the  troops  in  any  case  of  threat 
ened  attack  which  the  civil  authorities  are  not  able  to  prevent. 

Any  further  action  which  may  be  desired  can  be  taken  only  upon  express  orders 
from  me  in  each  case,  based  upon  an  accurate  report  of  the  facts  showing  the  neces 
sity  for  such  action.  I  have,  therefore,  to  request  that  you  will  confer  freely  with 
the  commanding  officers  of  the  several  detachments  of  troops,  inform  them  fully  of 
the  facts  in  each  case,  and  showr  them  the  necessity  for  the  action  requested,  so  that 
they  may  report  fully  to  me. 

I  hope  that  this  authority  from  the  President  and  the  presence  of  troops  ready  to 
enforce  it  will  suffice  to  prevent  further  violence  in  the  Territory. 

J.  M.  SCHOFIELD, 
Major- General  Commanding. 


(167.) 
[Telegram.] 

EVANSTON,  WYO.,  September  9,  1885. 
R.  C.  DRUM, 

Adjutant- General,  Washington,  D.  C.: 

I  have  the  honor  to  acknowledge  receipt  of  your  dispatch  of  yesterday;  also  one 
from  Major-General  Schofield.  Please  do  me  the  favor  to  convey  to  the  President 
my  grateful  thanks  for  prompt  assistance  rendered  the  Territory  in  protecting  Chi 
nese  laborers.  Chinamen  who  took  refuge  in  Evanston  when  driven  from  Rock 
Springs  are  now  aboard  cars  returning  to  Rock  Springs  under  guard  of  civil  author 
ities,  followed  by  train  transporting  troops.  In  my  judgment  the  presence  of  troops, 
with  existing  orders,  will  avert  further  violence  and  enable  civil  forces  to  overcome 
disorder. 

FRANCIS  E.  WARREN, 

Governor  of  Wyoming. 


(168.) 
[Telegram  from  Secretary  of  State  to  governor  of  Washington  Territory.] 

DEPARTMENT  OF  STATE, 

Washington,  October  20,  1885. 
The  GOVERNOR  OF  WASHINGTON  TERRITORY,  Olympia: 

Chinese  minister  represents  the  urgent  necessity  for  measures  of  protection  of  Chi 
nese  at  Seattle,  and  every  power  of  law  should  be  lent  to  secure  them  from  assault. 

T.  F.  BAYARD. 


CHINESE    OUTRAGES.  341 

(169.) 
[Telegram  from  governor  of  Washington  Territory  to  Secretary  of  State.] 

OLYMPIA,  WASH.  TER.,  October  21,  1885. 
T.  F.  BAYARD, 

Secretary  of  State,  Washington,  D.  C.: 

My  letter  of  October  12  to  Secretary  of  Interior  explains  situation  and  organiza 
tion  at  Seattle.  Sheriff  of  county  reports  he  is  able  to  protect  lives  and  property  of 
all  persons  in  county,  and  that  in  case  disturbance  nineteen-twentieths  of  the  able- 
bodied  men  can  be  depended  upon  as  a  posse  comitatus.  I  am  taking  every  lawful 
precaution  to  preserve  order,  and  will  issue  a  proclamation,  if  deemed  advisable, 
warning  all  persons  against  assaulting  Chinese. 

WATSON  C.  SQUIRE, 

Governor. 


(170.) 

[Filed  xinder  November  4,  1885.] 
PROCLAMATION  BY  THE  GOVERNOR. 

WASHINGTON  TERRITORY, 

EXECUTIVE  OFFICE,  OLYMPIA. 

Whereas,  it  has  recently  appeared  by  published  statements  and  various  other  evi 
dences,  commonly  understood  in  certain  counties  bordering  on  Puget  Sound,  that 
certain  persons  have  concerted  together  and  determined  to  cause  the  removal  of  all 
Chinese  residents  from  such  counties  in  Washington  Territory; 

And  whereas,  all  acts  of  violence  and  intimidation  against  Chinese  residents  are 
plainly  against  the  laws  of  Washington  Territory  and  the  laws  and  treaty  of  the 
United  States; 

And  whereas,  it  is  represented  by  the  sheriff  of  Pierce  County  and  by  the  Chinese 
residents  of  the  city  of  Tacoma,  in  said  county,  that  said  Chinese  residents  have 
been  forcibly  removed  beyond  the  limits  of  said  city; 

And  whereas,  the  mayor  of  the  city  of  Seattle  now  represents  the  immediate  dan 
ger  of  disturbances  of  the  peace  in  that  city  on  account  of  the  present  anti-Chinese 
agitation; 

And  whereas,  the  United  States  Government  has,  by  the  Secretary  of  the  Depart 
ment  of  State,  instructed  the  executive  of  the  Territory  that  every  power  of  law 
should  be  lent  to  secure  the  Chinese  from  assault; 

And  whereas,  the  good  name  and  prosperity  of  the  Territory  depend  upon  the 
preservation  of  peace  and  good  order  therein  by  the  duly  constituted  civil  authorities; 

Now,  therefore,  I,  Watson  C.  Squire,  governor  of  the  Territory  of  Washington, 
hereby  warn  all  persons  against  participating  in  any  riot  or  breach  of  the  peace;  and 
at  this  time  I  especially  warn  all  persons  against  inciting  others  to  riot  or  a  breach 
of  the  peace,  in  that  they  will  be  held  responsible  for  such  acts  under  the  penalties 
of  the  law. 

And  I  call  upon  the  sheriffs  of  the  respective  counties  and  other  officers  who  are 
charged  by  law  with  the  duty  of  keeping  the  peace  therein,  to  secure  all  Chinese 
residents  from  assault,  and  I  call  upon  all  good  citizens  to  assist  them  in  so  doing. 

Fellow  citizens,  I  appeal  to  you.  Array  yourselves  on  the  side  of  the  law !  This 
is  the  time  in  the  history  of  the  Territory  for  an  intelligent,  law-abiding,  and  pros 
perous  community,  who  love  their  country  and  their  homes,  who  are  blessed  with 
boundless  resources  of  forest,  field,  and  mine,  and  who  aspire  to  soon  become  a  great 
self-governing  State,  to  assert  their  power  of  self-control  and  self-preservation  as 


342  FEDEEAL    AID    IN    DOMESTIC    DISTURBANCES. 

against  a  spirit  of  lawlessness,  which  is  destructive  alike  to  immigration,  to  labor,  and 
to  capital. 

If  you  do  not  protect  yourselves  you  have  only  to  look  to  the  step  beyond,  which 
is  simply  the  fate  of  Wyoming  and  the  speedy  interference  of  United  States  troops. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the  great  seal  of 
the  Territory  to  be  affixed  at  Olympia,  this  4th  day  of  November,  A.  I).  1885. 

WATSON  C.  SQUIRE, 

Governor. 
By  the  governor: 

N.  H.  O WINGS, 

Secretary  of  Washington  Territory. 


(171.) 
[Telegram.] 

SEATTLE,  WASH.  TER.,  Februarys,  1886. 
Hon.  WILLIAM  M.  EVARTS, 

Washington,  D.  C.: 

This  city  is  in  armed  insurrection.  The  governor,  on  my  advice,  has  proclaimed 
martial  law.  Blood  has  been  shed.  The  loyal  citizens  willing  to  stake  their  lives 
for  law  appear  to  be  comparatively  few.  They  can  not  stand  the  strain  on  them 
forever.  The  President  has  been  telegraphed  for  troops.  No  word  comes  from  him 
as  yet.  We  had  hoped  United  States  troops  would  be  here  by  nightfall.  See  him 
and  hurry  his  order  if  possible. 

ROGER  S.  GREENE. 


(172.) 
[Telegram.] 

SEATTLE,  WASH.  TER.,  February  9,  1886. 
Hon.  GEORGE  F.  HOAR, 

United  States  Senate,  Washington,  D.  C. : 

The  situation  here  is  full  of  peril.  There  has  been  actual  bloodshed,  and  the  law 
less  and  turbulent  elements  of  the  surrounding  country  are  furious  at  the  firm  stand 
of  the  law-abiding  people  of  this  country  and  are  moving  in  this  direction.  Great 
popular  excitement  here  and  throughout  Puget  Sound.  Nothing  short  of  prompt 
dispatch  of  troops  can  prevent  fearful  sacrifice  of  life  and  property.  I  greatly  fear 
for  the  consequences  of  any  delay.  Wire  communication  with  Seattle  is  liable  to  be 
cut  any  time.  This  is  a  national  matter  and  United  States  troops  should  bear  the 
brunt. 

ROGER  S.  GREENE, 

Chief  Justice. 


(173.) 
PROCLAMATION. 

To  the  people  of  Washington  Territory: 

Whereas,  it  is  represented  to  me  by  the  mayor  of  the  city  of  Seattle  as  follows: 
"  Hon.  W.  C.  Squire.     Sir:  The  Chinese  residents  of  this  city  of  Seattle  are  being 

unlawfully  removed  from  the  city  by  a  mob  unlawfully  gathered  together;  the 


CHINESE    OUTRAGES.  343 

authority  of  the  city  is  not  sufficient  to  keep  the  peace  or  preserve  order;  I  appeal 
to  you  for  aid  and  assistance.     Henry  L.  Yesler,  mayor." 

Now,  therefore,  I,  Watson  C.  Squire,  governor  of  Washington  Territory,  do  hereby 
publish  this,  my  proclamation,  warning  all  persons  to  desist  from  breach  of  the 
peace,  and  that  peaceably  disposed  persons  shall  retire  to  their  homes,  except  such 
persons  as  are  disposed  to  assist  the  sheriff  and  the  duly  constituted  civil  authorities 
in  maintaining  law  and  order.  And  I  request  all  persons  who  are  disposed  to  assist  in 
maintaining  order  to  enroll  themselves  under  the  sheriff  immediately  for  that  pur 
pose.  Furthermore,  I  order  the  military  companies  of  this  city  to  immediately 
place  themselves  under  arms,  and  that  the  commanding  officers  of  such  companies 
report  forthwith  to  the  sheriff  of  King  County  for  the  purpose  of  rendering  him 
military  assistance  if  need  be  in  maintaining  the  law. 

Done  at  Seattle,  this  7th  day  of  February,  A.  D.  1886. 

WATSON  0.  SQUIRE, 

Governor. 


(174.) 
PROCLAMATION  OF  MARTIAL  LAW. 

Whereas,  heretofore,  on  the  7th  day  of  February,  in  consequence  of  an  inflamed 
condition  of  the  public  mind  in  the  city  of  Seattle  and  grave  disturbance  of  the  pub 
lic  peace  therein,  I,  Watson  C.  Squire,  governor  of  the  Territory  of  Washington, 
issued  my  proclamation  warning  all  persons  to  desist  from  breaches  of  the  peace  and 
peaceably  to  return  to  their  homes,  except  such  as  were  disposed  to  assist  the  sheriff 
and  the  other  duly  constituted  authorities  in  maintaining  law  and  order,  and  request 
ing  all  persons  who  were  disposed  to  assist  in  maintaining  order  to  enroll  themselves 
under  the  sheriff  immediately  for  that  purpose;  and 

Whereas,  said  proclamation  has  proven  ineffectual  to  quiet  the  public  mind  and 
preserve  the  peace;  and 

Whereas,  numerous  breaches  of  the  peace  have  occurred  and  more  are  threatened; 
and 

Whereas,  an  insurrection  exists  in  said  city  of  Seattle  by  which  the  lives,  liberties, 
and  property  of  citizens  of  the  Territory  and  sojourners  within  the  Territory  are 
endangered;  and 

Whereas,  the  civil  authorities  have  proved  powerless  to  suppress  said  insurrection 
or  prevent  such  breaches  of  the  peace;  and 

Whereas,  the  necessity  for  martial  law  within  said  city  exists,  and  it  is  deemed 
proper  that  all  needful  measures  should  be  taken  for  the  protection  of  such  citizens 
and  sojourners  and  of  all  officers  of  the  United  States  and  of  the  Territory  in  the  dis 
charge  of  their  public  duties  within  said  city: 

Now,  therefore,  be  it  known  that  I,  Watson  C.  Squire,  as  governor  of  said  Terri 
tory,  and  commander  in  chief  of  the  military  forces  thereof,  do  hereby  assume  mili 
tary  command  of  said  city  of  Seattle,  and  do  hereby  order  that  no  person  exercise 
any  office  or  authority  in  said  city  which  may  be  inconsistent  with  the  laws  and 
Constitution  of  the  United  States  or  the  laws  of  said  Territory;  and  I  do  hereby  sus 
pend  the  writ  of  habeas  corpus  and  declare  martial  law  within  said  city. 

Done  at  the  city  of  Seattle,  Territory  of  Washington,  this  8th  day  of  February, 
A.  D.  1886. 

Witness  my  hand  and  the  seal  of  the  Territory. 

[SEAL.]  WATSON  C.  SQUIRE, 

Governor. 


344  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(175.) 
[Telegram.] 

ADJUTANT-GENERAL'S  OFFICE, 

Washington,  February  16,  1886. 
Gen.  JOHN  GIBBON,  Seattle,  Wash.  Ter.: 

The  remark  in  a  telegram  from  the  governor  of  Washington  Territory  to  the  Secre 
tary  of  War  that  "arrests  of  leaders  being  made  by  General  Gibbon"  creates  the 
impression  that  you  have  not  clearly  comprehended  the  purpose  for  which  the  troops 
were  sent  to  Seattle.  It  was  not  intended  that  the  troops  should  be  used  as  a  posse 
to  do  those  things  which  the  local  magistracy  are,  so  far  an  the  authorities  here  are 
informed,  capable  of  performing,  but  to  preserve  the  peace,  give  security  to  life  and 
property,  and  prevent  obstruction  to  the  enforcement  of  the  laws.  If  the  condition 
of  affairs  at  Seattle  or  elsewhere  in  the  Territory  was  such  that  the  functions  of  the 
judiciary  were  virtually  suspended  by  acts  of  violence  and  that  the  ordinary  process 
could  not  issue,  a  report  of  the  facts  as  they  existed  should  have  been  made,  when 
orders  suitable  to  the  condition  of  affairs  would,  if  deemed  necessary,  have  been 
issued. 

Please  inform  the  War  Department  fully  of  the  present  condition  of  affairs  and 
how  long  the  troops  will  probably  be  required  at  Seattle. 

R.  C.  DRUM, 
Adjutant-  General. 


(176.) 
[Telegram.] 

SANTA  FE,  N.  MEX.,  January  14,  1886. 
The  PRESIDENT,  Washington,  D.  C.: 

Please  telegraph  military  commandant  here  to  furnish  troops  on  my  request  to 
suppress  anti -Chinese  riot  when  in  his  judgment  necessary.     Full  advice  by  mail. 

E.  G.  Ross, 

Governor. 


EXECUTIVE  OFFICE,  TERRITORY  OF  NEW  MEXICO, 

Santa  Fe,  N.  Mex.,  January  14,  1886. 
Hon.  GROVER  CLEVELAND,  President. 

SIR:  I  have  the  honor  to  state  that  at  two  points  in  this  Territory  (Silver  City  and 
Raton)  there  is  a  high  condition  of  public  excitement  against  Chinese  residents.  At 
the  latter  place  especially  several  hundred  coal  miners  and  others  have  united  in  a 
Knights  of  Labor  organization,  and  there  is  imminent  danger  of  violence.  I  have 
admonished  the  sheriffs  to  be  vigilant,  and  am  hopeful  that  they  may  be  able  to 
prevent  an  outbreak.  It  may  become  important  that  I  should  have  authority  to 
call  on  the  troops  to  prevent  bloodshed,  and  on  the  advice  of  Gen.  L.  P.  Bradley, 
commanding  here,  have  to-day  telegraphed  you  for  that  authority.  I  shall  of  course 
not  attempt  the  use  of  troops  until  every  other  resource  for  preserving  the  peace 
shall  have  failed. 

Very  respectfully,  your  obedient  servant, 

EDMUND  G.  Ross, 

Governor. 


MINING    RIOTS    IN    IDAHO.  345 

(178.) 

WASHINGTON,  D.  C.,  January  16, 1886. 
Hon.  EDMUND  G.  Ross, 

Governor,  etc. ,  Santa  Fe,  N.  Mex.  : 

In  reply  to  your  telegram  of  the  14th,  at  the  request  of  the  President  I  would  call 
your  attention  to  sections  5297,  5298,  5299,  5300  of  the  Revised  Statutes  of  the  United 
States,  which  declare  under  what  circumstances  and  in  what  manner  troops  are  to  be 
called  out  for  the  purpose  of  suppressing  domestic  violence.  The  President  can  not 
order  out  troops  except  in  accordance  with  these  provisions  and  section  4  of  article  IV 
of  the  Constitution  of  the  United  States. 

WM.  C.  ENDICOTT, 

Secretary  of  War. 


MINING  RIOTS  IN  IDAHO. 

(180.) 
[Telegram.] 

WAR  DEPARTMENT, 
Washington,  D.  C.,  July  12,  1892. 
Hon.  NORMAN  B.  WILLEY, 

Governor  of  Idalio,  Boise  City,  Idaho: 

In  response  to  your  call  and  by  order  of-  the  President  orders  have  been  telegraphed 
to  Fort  Sherman,  Idaho,  and  Fort  Missoula,  Mont.,  to  send  troops  to  the  scene  of 
disturbance  in  northern  Idaho  to  assist  the  civil  authorities  in  preserving  the  peace 
and  protecting  life  and  property. 

Please  communicate  directly  to  commanding  officers  of  Fort  Sherman  and  Fort 
Missoula  all  information  necessary  for  their  guidance;  also  communicate  with  Briga 
dier-General  Ruger,  San  Francisco,  Cal.,  who  is  in  command  of  that  department,  and 
who  will  give  all  necessary  orders  for  your  support. 

J.  M.  SCHOFIELD, 

Major-General  Commanding  and  Acting  Secretary  of  War. 


(181.) 
[Telegram.] 

HEADQUARTERS  OF  THE  ARMY, 

Washington,  I).  C.  July  12,  1892. 
The  COMMANDING  GENERAL,  DEPARTMENT  OF  THE  COLUMBIA, 

San  Francisco,  Cal.: 

Please  send  immediately  to  the  scene  of  disturbance  in  northern  Idaho — Wardner 
is  indicated  as  the  center  of  the  disturbance — all  the  infantry  that  can  be  spared  from 
Fort  Sherman.  Send  a  discreet  officer  of  rank  in  command,  with  orders  to  report  to 
the  governor  of  the  State  and  to  support  the  civil  authorities  in  preserving  peace 
and  preventing  the  destruction  of  property  and  life.  Three  companies  of  infantry 
from  Missoula  will  also  be  ordered  to  move  by  rail  to  the  same  point  to  assist  the 
troops  from  Sherman  if  necessary,  and  with  orders  to  report  to  the  commanding  offi 
cer  of  the  latter  force.  If  you  find  upon  inquiry  or  experience  additional  troops  are 
necessary,  send  them  without  delay  from  the  nearest  garrison  or  call  upon  me  for 
additional  troops  from  the  Department  of  Dakota,  if  they  are  more  convenient,  Direct 
the  commanding  officer  to  give  me  full  information  by  telegraph,  as  well  as  to  com 
municate  the  same  information  to  you.  Report  receipt  and  execution  of  this  order. 
By  command  of  the  President: 

J.  M.  SCHOFIELD, 
Major-General  Commanding  and  Acting  Secretary  of  War. 


346  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(182.) 
[Telegram.] 

HEADQUARTERS  OF  THE  ARMY, 

Washington,  I).  C.,  July  12,  189,?. 
The  COMMANDING  GENERAL,  DEPARTMENT  OP  DAKOTA, 

St.  Paul,  Minn.: 

Send  three  companies  of  infantry  from  Missoula  by  rail  direct  to  the  scene  of  dis 
turbance  in  northern  Idaho,  with  directions  to  report  to  the  commanding  officer  of 
troops  sent  from  Fort  Sherman  for  like  purpose,  and  with  orders  to  assist  the  civil 
authorities  in  suppressing  the  existing  disorder,  preserving  the  peace,  and  protecting 
property  and  life.  This  by  order  of  the  President  upon  the  call  of  the  governor  of 
Idaho.  Report  receipt  and  execution  of  this  order.  Direct  the  commanding  officer 
to  report  to  you  frequently  everything  important,  which  you  will  transmit  to  me. 

J.  M.  ScnOFlELD, 

Major- General  Commanding  and  Acting  Secretary  of  War. 


(183.) 
[Telegram.] 

BOISE  CITY,  IDAHO,  July  22,  1892. 
The  SECRETARY  OF  WAR,  Washington,  D.  C.: 

Can  I  depend  upon  the  continuance  of  the  Federal  troops  now  in  the  Cceur 
d'Alenes  for  a  considerable  period?  The  State  troops  were  hastily  assembled  and 
can  not  remain  longer  away  from  business  without  very  great  difficulty.  The  pres 
ence  of  troops  will  be  necessary  for  a  considerable  time.  Nothing  but  their  presence 
restrains  the  vicious  and  turbulent. 

N.  B.  WILLEY, 

Governor. 


(184.) 
[Telegram.] 

WAR  DEPARTMENT, 
Washington,  D.  C.,  July  23,  1892. 
Hon.  N.  B.  WILLEY, 

Governor  of  Idaho,  Boise  City,  Idaho: 

Replying  to  your  message  of  the  22d,  would  say  that  the  troops  were  placed  at 
your  disposal  only  temporarily  and  upon  your  statement  that  you  were  powerless  to 
execute  the  laws  and  suppress  disorder.  The  President  does  not  desire  that  the 
troops  shall  remain  under  your  orders  longer  than  absolutely  necessary  to  assist  you 
to  restore  peace  and  order.  He  can  not  say  how  long  they  should  remain,  but  hopes 
you  can,  through  the  militia  and  civil  power,  soon  relieve  the  situation,  so  the  troops 
can  be  withdrawn. 

S.  B.  ELKINS, 
Secretary  of  War. 


RAILROAD   STRIKE,  1894.  347 

RAILROAD  STRIKE,  1894. 

(185.) 
[Telegram.] 

INDIANAPOLIS,  IND.,  July  8,  1894. 
Hon.  RICHARD  OLNEY, 

Attorney-General,  Washington,  I).  C.: 

Our  information  is  that  a  mob  is  in  possession  of  the  city  of  Hammond,  Ind.,  a 
suburb  of  Chicago.  As  rioters  driven  from  Chicago  are  massing  at  this  point,  the 
lives  of  deputy  marshals  protecting  the  mail  trains  and  serving  process  are  in 
danger.  All  railroads  from  Chicago  east  pass  through  Lake  County.  Governor 
Matthews  is  in  conference  with  us  and  will  send  available  militia  to  Lake  County. 
He  asks  the  cooperation  of  Federal  troops  in  protecting  the  mail  trains  and  Federal 
officers.  In  that  request  we  earnestly  join,  believing  the  necessity  exists. 

JOHN  H.  BAKER, 
United  States  District  Judge. 
W.  H.  HAWKINS, 

United  States  Marshal. 
BURKE, 

United  States  Attorney. 


(186.) 

[Telegram.] 

DEPARTMENT  OF  JUSTICE, 
Washington,  D.  C.,  July  8,  1894. 
BURKE,  United  States  Attorney,  Indianapolis,  Ind.: 

Have  joint  dispatch  of  yourself,  judge,  and  marshal.  Suggest  to  governor  that 
use  of  Federal  troops  would  be  much  more  effective  if  he  called  upon  the  President 
for  protection  against  domestic  violence  under  Article  IV,  section  4,  of  the  Constitu 
tion  of  the  United  States. 

OLNEY, 
Attorney-  General. 


(187.) 
[Telegram.] 

INDIANAPOLIS,  IND.,  July  8,  1894- 
Hon.  GROVER  CLEVELAND, 

President  United  States: 

Since  Judge  Baker  and  Marshal  Hawkins  wired  Attorney-General  situation  at 
Hammond  grows  more  alarming.  Mail  trains  are  held  and  all  traffic  stopped.  The 
place  in  control  of  mob.  Overrun  by  desperate  characters  from  Chicago.  Available 
State  troops  on  way.  Other  points  in  State  in  threatening  and  dangerous  condition. 
Will  soon  have  entire  force  of  State  ordered  out.  It  is  absolutely  necessary  that  at 
least  three  companies  of  United  States  troops  be  ordered  to  that  point  without  delay. 
Will  use  every  means  at  my  command  and  cooperate  with  Government  troops. 

CLAUDE  MATTHEWS, 

Governor. 


348  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

(188.) 
[Telegram.] 

WASHINGTON,  D.  C.,  July  8,  1894. 
Hon.  CLAUDE  MATTHEWS, 

Governor,  Indianapolis,  Ind.: 

Your  telegram  of  this  date,  addressed  to  the  President,  has  been  referred  to  Major- 
General  Miles,  commanding  Department  of  the  Missouri,  headquarters  at  Chicago, 
who  has  full  authority  to  act  in  the  premises.  Please  communicate  with  him  at  that 
place. 

DANIEL  S.  LAMONT, 

Secretary  of  War. 


(189.) 
[Telegram.] 

HEADQUARTERS  OF  THE  ARMY, 

Washington,  D.  C.,  July  S,  1894. 
Major-General  MILES, 

Headquarters  of  the  Army ,  Chicago,  111.: 

The  President  is  informed  by  Governor  Matthews,  of  Indiana,  that  the  situation 
at  Hammond,  in  that  State,  makes  it  absolutely  necessary  that  at  least  three  com 
panies  of  Regular  troops  be  ordered  to  that  point  at  once.  This  being  in  the  imme 
diate  vicinity  of  Chicago,  your  previous  instructions  are  sufficient  to  authorize  you  to 
respond. 

J.  M.  SCHOFIELD, 
Major-  General,  Commanding. 


(190.) 
[Governor  Altgeld's  protest  against  the  use  of  United  States  troops  in  Illinois.] 

EXECUTIVE  OFFICE, 
State  of  Illinois,  July  5  [1894]. 
Hon.  GROVER  CLEVELAND, 

President  of  the  United  States,  Washington,  D.  C. 

DEAR  SIR:  I  am  advised  that  you  have  ordered  Federal  troops  to  go  into  service 
in  the  State  of  Illinois.  Surely  the  facts  have  not  been  correctly  presented  to  you 
in  this  case,  or  you  would  not  have  taken  this  step,  for  it  is  entirely  unnecessary, 
and,  it  seems  to  me,  unjustifiable.  Waiving  all  questions  of  courtesy,  I  will  say  that 
the  State  of  Illinois  is  not  only  able  to  take  care  of  itself,  but  it  stands  ready  to-day 
to  furnish  the  Federal  Government  any  assistance  it  may  need  elsewhere. 

Our  military  force  is  ample,  and  consists  of  as  good  soldiers  as  can  be  found  in  the 
country.  They  have  been  ordered  out  promptly  whenever  and  wherever  they  were 
needed.  We  have  stationed  in  Chicago  alone  three  regiments  of  infantry,  one  bat 
tery,  and  one  troopof  cavalry,  and  no  better  soldiers  can  be  found.  They  havebeen 
ready  every  moment  to  go,  and  have  been  and  are  now  eager  to  go  into  service.  But 
they  have  not  been  ordered  out,  because  nobody  in  Cook  County,  whether  official  or 
private  citizen,  asked  to  have  their  assistance,  or  even  intimated  in  any  way  that 
their  assistance  was  desired  or  necessary. 

So  far  as  I  have  been  advised  the  local  officials  have  been  able  to  handle  the  situa 
tion.  But  if  any  assistance  were  needed,  the  State  stood  ready  to  furnish  one  hun 
dred  men  for  every  man  required,  and  stood  ready  to  do  so  at  a  moment's  notice. 
Notwithstanding  these  facts,  the  Federal  Government  has  been  applied  to  by  men 


EAILBOAD    STRIKE,   1894.  349 

who  had  political  and  selfish  motives  for  wanting  to  ignore  the  State  government. 
We  have  just  gone  through  a  long  coal  strike,  more  extensive  here  than  in  any  other 
State,  because  our  soft-coal  field  is  larger  than  that  of  any  other  State;  we  have  not 
had  ten  days  of  the  railroad  strike,  and  we  have  promptly  furnished  military  aid 
wherever  the  local  officials  needed  it. 

In  two  instances  the  United  States  marshal  for  the  southern  district  of  Illinois 
applied  for  assistance  to  enable  him  to  enforce  the  processes  of.  the  United  States 
court,  and  troops  were  promptly  furnished  him  and  he  was  assisted  in  every  way  he 
desired.  The  law  has  been  thoroughly  executed,  and  every  man  guilty  of  violating 
it  during  the  strike  has  been  brought  to  justice.  If  the  marshal  for  the  northern 
district  of  Illinois  or  the  authorities  of  Cook  County  needed  military  assistance,  they 
had  but  to  ask  for  it  in  order  to  get  it  from  the  State. 

At  present  some  of  our  railroads  are  paralyzed,  not  by  reason  of  obstructions,  but 
because  they  can  not  get  men  to  operate  their  trains.  For  some  reason  they  are 
anxious  to  keep  this  fact  from  the  public,  and  for  this  purpose  are  making  an  outcry 
about  obstructions  in  order  to  divert  attention. 

I  will  cite  you  two  examples  which  illustrate  the  situation.  Some  days  ago  I  was 
advised  that  the  business  of  one  of  our  railroads  was  obstructed  at  two  railway 
centers — that  there  was  a  condition  bordering  on  anarchy  there,  and  I  was  asked  to 
furnish  protection  so  as  to  enable  the  employees  of  the  road  to  operate  the  trains. 
Troops  were  promptly  ordered  to  both  points.  Then  it  transpired  that  the  company 
had  not  sufficient  men  on  its  line  to  operate  one  train.  All  the  old  hands  were 
orderly  but  refused  to  go.  The  company  had  large  shops  in  which  worked  a  num 
ber  of  men  who  did  not  belong  to  the  railway  union,  and  who  could  run  an  engine. 
They  were  appealed  to  to  run  the  train,  but  flatly  refused.  We  were  obliged  to  hunt 
up  soldiers  who  could  run  an  engine  and  operate  a  train. 

Again,  two  days  ago,  appeals  which  were  almost  frantic  came  from  officials  of 
another  road,  stating  that  at  an  important  point  on  their  lines  trains  were  forcibly 
obstructed,  and  that  there  was  a  reign  of  anarchy  at  that  place,  and  that  they  asked 
for  protection  so  that  they  could  move  their  trains.  Troops  were  put  on  the  ground 
in  a  few  hours'  time,  when  the  officer  in  command  telegraphed  me  that  there  was  no 
trouble  and  had  been  none  at  that  point,  but  that  the  road  seemed  to  have  no  men 
to  run  trains;  and  the  sheriff  telegraphed  me  that  he  did  not  need  troops,  but  would 
himself  move  every  train  if  the  company  would  only  furnish  an  engineer.  The  result 
was  that  the  troops  were  there  over  twelve  hours  before  a  single  train  was  moved, 
although  there  was  no  attempt  at  interference  by  anybody.  It  is  true  that  in  several 
instances  a  road  made  efforts  to  work  a  few  green  men,  and  a  crowd  standing  around 
insulted  them  and  tried  to  drive  them  off,  and  in  a  few  instances  they  cut  off  Pull 
man  sleepers  from  the  train.  But  all  these  troubles  were  local  in  character  and  could 
easily  be  handled  by  the  State  authorities.  Illinois  has  more  railroad  men  than  any 
State  in  the  Union,  but  as  a  rule  they  are  orderly  and  well  behaved. 

This  is  shown  by  the  fact  that  so  very  little  actual  violence  has  been  committed. 
Only  a  very  small  per  cent  of  these  men  has  been  guilty  of  any  infraction  of  the  law. 
The  newspaper  accounts  have  in  some  cases  been  pure  fabrications,  and  in  others 
wild  exaggeration. 

I  have  gone  thus  into  details  to  show  that  it  is  not  soldiers  that  the  railroads  need 
so  much  as  it  is  men  to  operate  trains,  and  that  the  conditions  do  not  exist  here 
which  bring  the  case  within  the  Federal  statute,  a  statute  that  was  passed  in  1861, 
and  was  in  reality  a  war  measure.  This  statute  authorized  the  use  of  Federal  troops 
in  a  State  whenever  it  shall  be  impracticable  to  enforce  the  laws  of  the  United  States 
within  such  State  by  the  ordinary  judicial  proceedings.  Such  a  condition  does  not 
exist  in  Illinois.  There  have  been  a  few  local  disturbances,  but  nothing  that  seri 
ously  interfered  with  the  administration  of  justice,  or  that  could  not  be  easily  con 
trolled  by  the  local  or  State  authorities,  for  the  Federal  troops  can  do  nothing  that 
the  State  troops  can  not  do. 


350  FEDERAL    AID   IN    DOMESTIC    DISTURBANCES. 

I  repeat  that  you  have  been  imposed  upon  in  this  matter,  but  even  if  by  a  forced 
construction  it  were  held  that  the  conditions  here  came  within  the  letter  of  the 
statute,  then  I  submit  that  local  self-government  is  a  fundamental  principle  of  our 
Constitution.  Each  community  shall  govern  itself  so  long  as  it  can  and  is  ready  and 
able  to  enforce  the  law,  and  it  is  in  harmony  with  this  fundamental  principle  that 
the  statute  authorizing  the  President  to  send  troops  into  States  must  be  construed. 
Especially  :s  this  so  in  matters  relating  to  the  exercise  of  the  police  power  and  the 
preservation  of  law  and  order. 

To  absolutely  ignore  a  local  government  in  matters  of  this  kind,  when  the  local 
government  is  ready  to  furnish  any  assistance  needed,  and  is  amply  able  to  enforce 
the  law,  not  only  insults  the  people  of  the  State  by  imputing  to  them  an  inability 
to  govern  themselves  or  unwillingness  to  enforce  the  law,  but  is  in  violation  of 
a  basic  principle  of  our  institutions.  The  question  of  Federal  supremacy  is  in  no 
way  involved.  No  one  disputes  it  for  a  moment,  but,  under  our  Constitution,  Federal 
supremacy  and  local  self-government  must  go  hand  in  hand,  and  to  ignore  the  latter 
is  to  do  violence  to  the  Constitution. 

As  governor  of  the  State  of  Illinois,  I  protest  against  this,  and  ask  the  immediate 
withdrawal  of  the  Federal  troops  from  active  duty  in  this  State.  Should  the  situa 
tion  at  any  time  get  so  serious  that  we  can  not  control  it  with  the  State  forces,  we 
will  promptly  and  freely  ask  for  Federal  assistance,  but  until  such  time  I  protest 
with  all  due  deference  against  this  uncalled-for  reflection  upon  our  people,  and  again 
ask  the  immediate  withdrawal  of  these  troops. 

I  have  the  honor  to  be,  yours,  respectfully, 

JOHN  P.  ALTGELD, 
Governor  of  Illinois. 


(191.) 
AN  ACT  To  promote  the  efficiency  of  the  militia,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  militia  shall  consist  of  every  able-bodied  male  citizen 
of  the  respective  States,  Territories,  and  the  District  of  Columbia,  and  every  able- 
bodied  male  of  foreign  birth  who  has  declared  his  intention  to  become  a  citizen,  who 
is  more  than  eighteen  and  less  than  forty-five  years  of  age,  and  shall  be  divided  into 
two  classes — the  organized  militia,  to  be  known  as  the  National  Guard  of  the  State, 
Territory,  or  District  of  Columbia,  or  by  such  other  designations  as  may  be  given 
them  by  the  laws  of  the  respective  States  or  Territories,  and  tlie  remainder  to  be 
known  as  the  reserve  militia. 

SEC.  2.  That  the  Vice-President  of  the  United  States,  the  officers,  judicial  and 
executive,  of  the  Government  of  the  United  States,  the  members  and  officers  of  each 
House  of  Congress,  persons  in  the  military  or  naval  service  of  the  United  States,  all 
custom-house  officers,  with  their  clerks,  postmasters,  and  persons  employed  by  the 
United  States  in  the  transmission  of  the  mail,  ferrymen  employed  at  any  ferry  on  a 
post-road,  artificers  and  workmen  employed  in  the  armories  and  arsenals  of  the 
United  States,  pilots,  mariners  actually  employed  in  the  sea  service  of  any  citizen  or 
merchant  within  the  United  States,  and  all  persons  who  are  exempted  by  the  laws 
of  the  respective  States  or  Territories  shall  be  exempted  from  militia  duty,  without 
regard  to  age:  Provided,  That  nothing  in  this  act  shall  be  construed  to  require  or 
compel  any  member  of  any  well-recognized  religious  sect  or  organization  at  present 
organized  and  existing  whose  creed  forbids  its  members  to  participate  in  war  in  any 
form,  and  whose  religious  convictions  are  against  war  or  participation  therein,  in 
accordance  with  the  creed  of  said  religious  organization,  to  serve  in  the  militia  or 
any  other  armed  or  volunteer  force  under  the  jurisdiction  and  authority  of  the  United 
States. 


RAILROAD    STRIKE,   1894.  351 

SEC.  3.  That  the  regularly  enlisted,  organized,  and  uniformed  active  militia  in  the 
several  States  and  Territories  and  the  District  of  Columbia  who  have  heretofore  par 
ticipated  or  shall  hereafter  participate  in  the  apportionment  of  the  annual  appropri 
ation  provided  by  section  sixteen  hundred  and  sixty-one  of  the  Revised  Statutes  of 
the  United  States,  as  amended,  whether  known  and  designated  as  National  Guard, 
militia,  or  otherwise,  shall  constitute  the  organized  militia.  The  organization,  arma 
ment,  and  discipline  of  the  organized  militia  in  the  several  States  and  Territories  and 
in  the  District  of  Columbia  shall  be  the  same  as  that  which  is  now  or  may  hereafter 
be  prescribed  for  the  regular  and  volunteer  armies  of  the  United  States,  within  five 
years  from  the  date  of  the  approval  of  this  act:  Provided,  That  the  President  of  the 
United  States,  in  time  of  peace,  may  by  order  fix  the  minimum  number  of  enlisted 
men  in  each  company,  troop,  battery,  signal  corps,  engineer  corps,  and  hospital  corps: 
And  provided  further,  That  any  corps  of  artillery,  cavalry,  and  infantry  existing  in 
any  of  the  States  at  the  passage  of  the  act  of  May  eighth,  seventeen  hundred  and 
ninety-two,  which,  by  the  laws,  customs,  or  usages  of  the  said  States  have  been  in 
continuous  existence  since  the  passage  of  said  act  under  its  provisions  and  under  the 
provisions  of  section  two  hundred  and  thirty-two  and  sections  sixteen  hundred  and 
twenty-five  to  sixteen  hundred  and  sixty,  both  inclusive,  of  title  sixteen  of  the 
Revised  Statutes  of  the  United  States  relating  to  the  militia,  shall  be  allowed  to 
retain  their  accustomed  privileges,  subject,  nevertheless,  to  all  other  duties  required 
by  law  in  like  manner  as  the  other  militia. 

SEC.  4.  That  whenever  the  United  States  is  invaded,  or  in.  danger  of  invasion  from 
any  foreign  nation,  or  of  rebellion  against  the  authority  of  the  Government  of  the 
United  States,  or  the  President  is  unable,  with  the  other  forces  at  his  command,  to 
execute  the  laws  of  the  Union  in  any  part  thereof,  it  shall  be  lawful  for  the  President 
to  call  forth,  for  a  period  not  exceeding  nine  months,  such  number  of  the  militia  of  the 
State  or  of  the  States  or  Territories  or  of  the  District  of  Columbia  as  he  may  deem 
necessary  to  repel  such  invasion,  suppress  such  rebellion,  or  to  enable  him  to  execute 
such  laws,  and  to  issue  his  orders  for  that  purpose  to  such  officers  of  the  militia  as 
he  may  think  proper. 

SEC.  5.  That  whenever  the  President  calls  forth  the  militia  of  any  State  or  Terri 
tory  or  of  the  District  of  Columbia  to  be  employed  in  the  service  of  the  United 
States,  he  may  specify  in  his  call  the  period  for  which  such  service  is  required,  not 
exceeding  nine  months,  and  the  militia  so  called  shall  continue  to  serve  during  the 
term  so  specified,  unless  sooner  discharged  by  order  of  the  President. 

SEC.  6.  That  when  the  militia  of  more  than  one  State  is  called  into  the  actual  serv 
ice  of  the  United  States  by  the  President  he  may,  in  his  discretion,  apportion  them 
among  such  States  or  Territories  or  to  the  District  of  Columbia  according  to  repre 
sentative  population. 

SEC.  7.  That  every  officer  and  enlisted  man  of  the  militia  who  shall  be  called  forth 
in  the  manner  hereinbefore  prescribed  and  shall  be  found  fit  for  military  service  shall 
be  mustered  or  accepted  into  the  United  States  service  by  a  duly  authorized  muster 
ing  officer  of  the  United  States:  Provided,  however,  That  any  officer  or  enlisted  man 
of  the  militia  who  shall  refuse  or  neglect  to  present  himself  to  such  mustering  officer 
upon  being  called  forth  as  herein  prescribed  shall  be  subject  to  trial  by  court-martial, 
and  shall  be  punished  as  such  court-martial  may  direct. 

SEC.  8.  That  courts-martial  for  the  trial  of  officers  or  men  of  the  militia,  when  in 
the  service  of  the  United  States,  shall  be  composed  of  militia  officers  only. 

SEC.  9.  That  the  militia,  when  called  into  the  actual  service  of  the  United  States, 
shall  be  subject  to  the  same  rules  and  articles  of  war  as  the  regular  troops  of  the 
United  States. 

SEC.  10  That  the  militia,  when  called  into  the  actual  service  of  the  United  States, 
shall,  during  their  time  of  service,  be  entitled  to  the  same  pay  and  allowances  aa  are 
or  may  be  provided  by  law  for  the  Regular  Army. 


352  FEDERAL    AID    IN"    DOMESTIC    DISTURBANCES. 

SEC.  11.  That  when  the  militia  is  called  into  the  actual  service  of  the  United 
States,  or  any  portion  of  the  militia  is  accepted  under  the  provisions  of  this  act,  their 
pay  shall  commence  from  the  day  of  their  appearing  at  the  place  of  company  ren 
dezvous.  But  this  provision  shall  not  be  construed  to  authorize  any  species  of 
expenditure  previous  to  arriving  at  such  places  of  rendezvous  which  is  not  provided 
by  existing  laws  to  be  paid  after  their  arrival  at  such  places  of  rendezvous. 

SEC.  12.  That  there  shall  be  appointed  in  each  State,  Territory,  and  District  of 
Columbia,  an  adjutant-general,  who  shall  perform  such  duties  as  may  be  prescribed 
by  the  laws  of  such  State,  Territory,  and  District,  respectively,  and  make  returns  to 
the  Secretary  of  War,  at  such  times  and  in  such  form  as  he  shall  from  time  to  time 
prescribe,  of  the  strength  of  the  organized  militia,  and  also  make  such  reports  as 
may  from  time  to  time  be  required  by  the  Secretary  of  War.  That  the  Secretary  of 
War  shall,  with  his  annual  report  of  each  year,  transmit  to  Congress  an  abstract  of 
the  returns  and  reports  of  the  adjutants-general  of  the  States,  Territories,  and  the 
District  of  Columbia,  with  such  observations  thereon  as  he  may  deem  necessary  for 
the  information  of  Congress. 

SEC.  13.  That  the  Secretary  of  War  is  hereby  authorized  to  issue,  on  the  requisitions 
of  the  governors  of  the  several  States  and  Territories,  or  of  the  commanding  general  of 
the  militia  of  the  District  of  Columbia,  such  number  of  the  United  States  standard 
service  magazine  arms,  with  bayonets,  bayonet  scabbards,  gun  slings,  belts,  and  such 
other  necessary  accouterments  and  equipments  as  are  required  for  the  Army  of  the 
United  States,  for  arming  all  of  the  organized  militia  in  said  States  and  Territories 
and  District  of  Columbia,  without  charging  the  cost  or  value  thereof,  or  any  which 
have  been  issued  since  December  first,  nineteen  hundred  and  one,  or  any  expense  con 
nected  therewith,  against  the  allotment  to  said  State,  Territory,  or  District  of 
Columbia,  out  of  the  annual  appropriation  provided  by  section  sixteen  hundred  and 
sixty-one  of  the  Revised  Statutes,  as  amended,  or  requiring  payment  therefor,  and 
to  exchange,  without  receiving  any  money  credit  therefor,  ammunition,  or  parts 
thereof,  suitable  to  the  new  arms,  round  for  round,  for  corresponding  ammunition 
suitable  to  the  old  arms  theretofore  issued  to  said  State,  Territory,  or  District  by  the 
United  States:  Provided,  That  said  rifles  and  carbines  and  other  property  shall  be 
receipted  for  and  shall  remain  the  property  of  the  United  States  and  be  annually 
accounted  for  by  the  governors  of  the  States  and  Territories  as  now  required  by  law, 
and  that  each  State,  Territory,  and  District  shall,  on  receipt  of  the  new  arms,  turn 
in  to  the  Ordnance  Department  of  the  United  States  Army,  without  receiving  any 
money  credit  therefor,  and  without  expense  for  transportation,  all  United  States 
rifles  and  carbines  now  in  its  possession. 

To  provide  means  to  carry  into  effect  the  provisions  of  this  section,  the  necessary 
money  to  recover  the  cost  of  exchanging  or  issuing  the  new  arms,  accouterments, 
equipments,  and  ammunition  to  be  exchanged  or  issued  hereunder  is  hereby  appro 
priated  out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated. 

SEC.  14.  That  whenever  it  shall  appear  by  the  report  of  inspections,  which  it  shall 
be  the  duty  of  the  Secretary  of  War  to  cause  to  be  made  at  least  once  in  each  year 
by  officers  detailed  by  him  for  that  purpose,  that  the  organized  militia  of  a  State  or 
Territory  or  of  the  District  of  Columbia  is  sufficiently  armed,  uniformed,  and 
equipped  for  active  duty  in  the  field,  the  Secretary  of  War  is  authorized,  on  the 
requisition  of  the  governor  of  such  State  or  Territory,  to  pay  to  the  quartermaster- 
general  thereof,  or  to  such  other  officer  of  the  militia  of  said  State  as  the  said  gov 
ernor  may  designate  and  appoint  for  the  purpose,  so  much  of  its  allotment  out  of 
the  said  annual  appropriation  under  section  sixteen  hundred  and  sixty-one  of  the 
Revised  Statutes  as  amended  as  shall  be  necessary  for  the  payment,  subsistence,  and 
transportation  of  such  portion  of  said  organized  militia  as  shall  engage  in  actual  field 
or  camp  service  for  instruction;  and  the  officers  and  enlisted  men  of  such  militia 
while  so  engaged  shall  be  entitled  to  the  same  pay,  subsistence,  and  transportation 


RAILROAD    STRIKE,   1894.  353 

or  travel  allowances  as  officers  and  enlisted  men  of  corresponding  grades  of  the  Reg 
ular  Army  are  or  may  hereafter  be  entitled  by  law,  and  the  officer  so  designated  and 
appointed  shall  be  regarded  as  a  disbursing  officer  of  the  United  States,  and  shall 
render  his  accounts  through  the  War  Department  to  the  proper  accounting  officers 
of  the  Treasury  for  settlement;  and  he  shall  be  required  to  give  good  and  sufficient 
bonds  to  the  United  States,  in  such  sums  as  the  Secretary  of  War  may  direct,  faith 
fully  to  account  for  the  safe-keeping  and  payment  of  the  public  moneys  so  intrusted 
to  him  for  disbursement. 

SEC.  15.  That  the  Secretary  of  War  is  hereby  authorized  to  provide  for  participa 
tion  by  any  part  of  the  organized  militia  of  any  State  or  Territory  on  the  request  of 
the  governor  thereof  in  the  encampment,  maneuvers,  and  field  instruction  of  any 
part  of  the  Regular  Army  at  or  near  any  military  post  or  camp  or  lake  or  seacoast 
defenses  of  the  United  States.  In  such  case  the  organized  militia  so  participating 
shall  receive  the  same  pay,  subsistence,  and  transportation  as  is  provided  by  law  for 
the  officers  and  men  of  the  Regular  Army,  to  be  paid  out  of  the  appropriation  for  the 
pay,  subsistence,  and  transportation  of  the  Army:  Provided,  That  the  command  of 
such  military  post  or  camp  and  of  the  officers  and  troops  of  the  United  States  there 
stationed. shall  remain  with  the  regular  commander  of  the  post  without  regard  to  the 
rank  of  the  commanding  or  other  officers  of  the  militia  temporarily  so  encamped 
within  its  limits  or  in  its  vicinity. 

SEC.  16.  That  whenever  any  officer  of  the  organized  militia  shall,  upon  recommen 
dation  of  the  governor  of  any  State,  Territory,  or  general  commanding  the  District 
of  Columbia,  and  when  authorized  by  the  President,  attend  and  pursue  a  regular 
course  of  study  at  any  military  school  or  college  of  the  United  States  such  officer 
shall  receive  from  the  annual  appropriation  for  the  support  of  the  Army  the  same 
travel  allowances  and  quarters,  or  commutation  of  quarters,  to  which  an  officer  of 
the  Regular  Army  would  be  entitled  if  attending  such  school  or  college  under  orders 
from  proper  military  authority,  and  shall  also  receive  commutation  of  subsistence 
at  the  rate  of  one  dollar  per  day  while  in  actual  attendance  upon  the  course  of 
instruction. 

SEC.  17.  That  the  annual  appropriation  made  by  section  sixteen  hundred  and 
sixty-one,  Revised  Statutes,  as  amended,  shall  be  available  for  the  purpose  of  pro 
viding  for  issue  to  the  organized  militia  any  stores  and  supplies  or  publications  which 
are  supplied  to  the  Army  by  any  department.  Any  State,  Territory,  or  the  District 
of  Columbia  may,  with  the  approval  of  the  Secretary  of  War,  purchase  for  cash  from 
the  War  Department,  for  the  use  of  its  militia,  stores,  supplies,  material  of  war,  or 
military  publications,  such  as  are  furnished  to  the  Army,  in  addition  to  those  issued 
under  the  provisions  of  this  act,  at  the  price  at  which  they  are  listed  for  issue  to  the 
Army,  with  the  cost  of  transportation  added,  and  funds  received  from  such  sales 
shall  be  credited  to  the  appropriations  to  which  they  belong  and  shall  not  be  covered 
into  the  Treasury,  but  shall  be  available  until  expended  to  replace  therewith  the 
supplies  sold  to  the  States  and  Territories  and  to  the  District  of  Columbia  in  the 
manner  herein  provided. 

SEC.  18.  That  each  State  or  Territory  furnished  with  material  of  war  under  the 
provisions  of  this  or  former  acts  of  Congress  shall,  during  the  year  next  preceding 
each  annual  allotment  of  funds,  in  accordance  with  section  sixteen  hundred  and 
sixty-one  of  the  Revised  Statutes  as  amended,  have  required  every  company,  troop, 
and  battery  in  its  organized  militia  not  excused  by  the  governor  of  such  State  or 
Territory  to  participate  in  practice  marches  or  go  into  camp  of  instruction  at  least 
five  consecutive  days,  and  to  assemble  for  drill  and  instruction  at  company,  battalion, 
or  regimental  armories  or  rendezvous  or  for  target  practice  not  less  than  twenty-four 
times,  and  shall  also  have  required  during  such  year  an  inspection  of  each  such  com 
pany,  troop,  and  battery  to  be  made  by  an  officer  of  such  militia  or  an  officer  of  the 
Regular  Army. 

S.  Doc.  209 23 


354  FEDERAL    AID    IN    DOMESTIC    DISTURBANCES. 

SEC.  19.  That  upon  the  application  of  the  governor  of  any  State  or  Territory  fur 
nished  with  material  of  war  under  the  provisions  of  this  act  or  former  laws  of  Con 
gress,  the  Secretary  of  War  may  detail  one  or  more  officers  of  the  Army  to  attend 
any  encampment  of  the  organized  militia,  and  to  give  such  instruction  and  information 
to  the  officers  and  men  assembled  in  such  camp  as  may  be  requested  by  the  governor. 
Such  officer  or  officers  shall  immediately  make  a  report  of  such  encampment  to  the 
Secretary  of  War,  who  shall  furnish  a  copy  thereof  to  the  governor  of  the  State  or 
Territory. 

SEC.  20.  That  upon  application  of  the  governor  of  any  State  or  Territory  furnished 
with  material  of  war  under  the  provisions  of  this  act  or  former  laws  of  Congress,  the 
Secretary  of  War  may,  in  his  discretion,  detail  one  or  more  officers  of  the  Army  to 
report  to  the  governor  of  such  State  or  Territory  for  duty  in  connection  with  the 
organized  militia.  All  such  assignments  may  be  revoked  at  the  request  of  the  gov 
ernor  of  such  State  or  Territory  or  at  the  pleasure  of  the  Secretary  of  War. 

SEC.  21.  That  the  troops  of  the  militia  encamped  at  any  military  post  or  camp  of 
the  United  States  may  be  furnished  such  amounts  of  ammunition  for  instruction  in 
firing  and  target  practice  as  may  be  prescribed  by  the  Secretary  of  War,  and  such 
instruction  in  firing  shall  be  carried  on  under  the  direction  of  an  officer  selected  for 
that  purpose  by  the  proper  military  commander. 

SEC.  22.  That  when  any  officer,  noncommissioned  officer,  or  private  of  the  militia 
is  disabled  by  reason  of  wounds  or  disabilities  received  or  incurred  in  the  service  of 
the  United  States  he  shall  be  entitled  to  all  the  benefits  of  the  pension  laws  existing 
at  the  time  of  his  service,  and  in  case  such  officer,  noncommissioned  officer,  or 
private  dies  in  the  service  of  the  United  States  or  in  returning  to  his  place  of 
residence  after  being  mustered  out  of  such  service,  or  at  any  time,  in  consequence  of 
wrounds  or  disabilities  received  in  such  service,  his  widow  and  children,  if  any,  shall 
be  entitled  to  all  the  benefits  of  such  pension  laws. 

SEC.  23.  That  for  the  purpose  of  securing  a  list  of  persons  specially  qualified  to  hold 
commissions  in  any  volunteer  force  which  may  hereafter  be  called  for  and  organized 
under  the  authority  of  Congress,  other  than  a  force  composed  of  organized  militia, 
the  Secretary  of  War  is  authorized  from  time  to  time  to  convene  boards  of  officers  at 
suitable  and  convenient  army  posts  in  different  parts  of  the  United  States,  who  shall 
examine  as  to  their  qualifications  for  the  command  of  troops  or  for  the  performance 
of  staff  duties  all  applicants  who  shall  have  served  in  the  Regular  Army  of  the  United 
States,  in  any  of  the  volunteer  forces  of  the  United  States,  or  in  the  organized  militia 
of  any  State  or  Territory  or  District  of  Columbia,  or  who,  being  a  citizen  of  the  United 
States,  shall  have  attended  or  pursued  a  regular  course  of  instruction  in  any  military 
school  or  college  of  the  United  States  Army,  or  shall  have  graduated  from  any  edu 
cational  institution  to  which  an  officer  of  the  Army  or  Navy  has  been  detailed  as 
superintendent  or  professor  pursuant  to  law  after  having  creditably  pursued  the  course 
of  military  instruction  therein  provided.  Such  examinations  shall  be  under  rules 
and  regulations  prescribed  by  the  Secretary  of  War,  and  shall  be  especially  directed 
to  ascertain  the  practical  capacity  of  the  applicant.  The  record  of  previous  service  of 
the  applicant  shall  be  considered  as  a  part  of  the  examination.  Upon  the  conclusion 
of  each  examination  the  board  shall  certify  to  the  War  Department  its  judgment  as  to 
the  fitness  of  the  applicant,  stating  the  office,  if  any,  which  it  deems  him  qualified  to 
fill,  and,  upon  approval  by  the  President,  the  names  of  the  persons  certified  to  be  quali 
fied  shall  be  inscribed  in  a  register  to  be  kept  in  the  War  Department  for  that  pur 
pose.  The  persons  so  certified  and  registered  shall,  subject  to  a  physical  exam 
ination  at  the  time,  constitute  an  eligible  class  for  commissions  pursuant  to  such 
certificates  in  any  volunteer  force  hereafter  called  for  and  organized  under  the 
authority  of  Congress,  other  than  a  force  composed  of  organized  militia,  and  the 
President  may  authorize  persons  from  this  class  to  attend  and  pursue  a  regular 
course  of  study  at  any  military  school  or  college  of  the  United  States  other  than  the 


EAILROAD    STRIKE,   1894.  355 

Military  Academy  at  West  Point  and  to  receive  from  the  annual  appropriation  for 
the  support  of  the  Army  the  same  allowances  and  commutations  as  provided  in  this 
act  for  officers  of  the  organized  militia:  Provided,  That  no  person  shall  be  entitled  to 
receive  a  commission  as  a  second  lieutenant  after  he  shall  have  passed  the  age  of 
thirty;  as  first  lieutenant  after  he  shall  have  passsd  the  age  of  thirty-five;  as  captain 
after  he  shall  have  passed  the  age  of  forty;  as  major  after  he  shall  have  passed  the 
age  of  forty-five;  as  lieutenant-colonel  after  he  shall  have  passed  the  age  of  fifty,  or 
as  colonel  after  he  shall  have  passed  the  age  of  fifty-five:  And  provided  further,  That 
such  appointments  shall  be  distributed  proportionately,  as  near  as  may  be,  among 
the  various  States  contributing  such  volunteer  force:  And  provided,  That  the  appoint 
ments  in  this  section  provided  for  shall  not  be  deemed  to  include  appointments  to 
any  office  in  any  company,  troop,  battery,  battalion,  or  regiment  of  the  organized 
militia  which  volunteers  as  a  body  or  the  officers  of  which  are  appointed  by  the 
governor  of  a  State  or  Territory. 

SEC.  24.  That  all  the  volunteer  forces  of  the  United  States  called  for  by  authority 
of  Congress  shall,  except  as  hereinbefore  provided,  be  organized  in  the  manner 
provided  by  the  act  entitled  "An  act  to  provide  for  temporarily  increasing  the 
military  establishment  of  the  United  States  in  time  of  war,  and  for  other  purposes," 
approved  April  twenty-second,  eighteen  hundred  and  ninety-eight. 

SEC.  25.  That  sections  sixteen  hundred  and  twenty-five  to  sixteen  hundred  and 
sixty,  both  included,  of  title  sixteen  of  the  Revised  Statutes,  and  section  two  hun 
dred  and  thirty-two  thereof,  relating  to  the  militia,  are  hereby  repealed. 

SEC.  26.  That  this  act  shall  take  effect  upon  the  date  of  its  approval. 

Approved,  January  21,  1903. 


INDEX. 


Abell,  Edmond,  Judge. 

Removed  as  district  judge,  city  of  New  Orleans, 
142. 

Reported  as  an  agitator,  300. 
Adams,  Fort,  R.  I. 

Request  for  troops  to  be  sent  to,  68. 
Adams,  John,  President  United  States. 

Proclamations  re  Fries'  insurrection,  43,  44. 
Adams,  John,  Sloop-of-War. 

(See San  Francisco,  disturbances  in.) 

Protection  of,  requested  for  Judge  Terry,  91. 
Adams,  Theodore. 

Report  on  Kansas  troubles,  283. 
Adjutants-General. 

Corbin,  Henry  C.,  Maj.  Gen.,  U.  S.  A.,  245,  248. 

.Drum,  R.  C.,  Brig.  Gen.,  U.  S.  A.,  201,  202,  330, 

331,  339,  344. 

Jones,  Roger,  Col.,  U.  S.  A.,  261,  262. 
Townsend,  E.  D.,  Brig.  Gen.,  U.  S.  A.,  140,  156, 
167,  177,  201,  305,  320,  324,  329,  330,  331, 

332,  333,  334,  335. 
Alabama. 

Appeal  for  Federal  aid,  123. 

Government  declared  illegal,  107. 

Insurrection  declared  in,  103. 

Ku-Klux  outrages,  119. 

Militia,  in  Sabine  affair,  60. 

Montgomery  municipal  troubles,  123. 

Reconstruction  accomplished,  108. 

Riot  at  Mobile,  1867,  113. 

Riot  at  Mobile,  1869,  129. 

Secession  from  the  Union,  101. 
Alexander,  Edmund  Brooke,  Colonel,  U.  S.  A. 

Commands  advance  party,  Utah  Expedition,  94. 
Alexander, ,  Major,  District  Columbia  Na 
tional  Guard. 

Mentioned,  260  note. 
Allegheny  County,  Pa. 

Insurrection  in,  34,  39. 
Altgeld,  John  P.,  Governor  of  Illinois. 

Protests  against  use  of  Federal  troops  at  Chi 
cago,  348. 
American  Railway  Union. 

Strike  ordered  by,  228. 

Arrest  of  leaders,  228. 
Anderson, ThomasM.,  Lieutenant-Colonel,  U.  S.  A. 

Anti-Chinese  riots  in  Wyoming,  216. 
Anthony  Burns  Riots,  1854,  76,  77. 
Arizona. 

Anti-Chinese  feeling  extends  to,  222. 

Indian  outrages  of  1882,  212-214. 
Apaches  driven  into  Mexico,  214. 
Struck  by  United  States  forces,  214. 


Arizona — Continued. 
Indian  outrages  of  1812— Continued. 
Attributed  to  Loco's  Band  of  Warm  Spring 

Indians,  214. 

Chiricahuas  join  hostiles,  214. 
Citizens  of  Tombstone  ask  protection,  212. 
Deputy  sheriffs,  plan  to  organize  body  of,  213. 

Opposed  by  Federal  commander,  213. 
Militia,  plan  for  organization  of,  212. 
Proclamation  by  President  re,  213. 
Resolution  of  House  of  Representatives  re 
garding,  212. 
Strike  on  Atlantic  and  Pacific  Railroad,  235. 

Appeal  for  Federal  aid,  235. 
Arkansas. 
Government  declared  illegal,  107. 

Reconstruction  accomplished,  108. 
Governors — 

Baxter,  Elisha,  164-181,  307-314. 
Clayton,  Powell,  125. 
Garland,  A.  H.,  174,  179-181. 
Insurrection  declared  in,  103. 
Lawlessness  in  1868,  124-126. 
Federal  troops,  moral  effect  of  presence,  125. 
Martial  law  declared,  125,  168. 

Cessation,  126. 

Suppression,  to  what  due,  125. 
Little  Rock,  disturbances  at,  166,  172. 
Militia- 
Called  out,  164,  166. 
Enrollment  authorized,  125. 
Political  disturbances  of  1874,  164-181,  307,  314. 
Administration  of  State  affairs,  174. 
Baxter's  statement  of  position,  310,  311. 
Capitol  seized  by  Brooks,  165. 
Circuit  court  declares  Brooks  elected,  165. 
Congress,  decision  as  to  lawful  government, 

181. 

Contention  for  governorship,  179. 
Disbandment  of  Brooks's  forces,  179. 
Expenses  of  troubles,  179. 
Firing  by  Brooks's  men  on  Baxter  steamer, 

174. 
Instruction  re  preservation  of  order,  177,  307- 

310. 

Investigating  committee  appointed  by  Con 
gress,  180. 

Legislature  declares  for  Baxter,  312. 
New  constitution  framed,  179. 

Repudiated  by  Brooks's  adherents,  179. 
Operations  of  opposing  factions,  168,  169,  172, 

173,  174. 
Opinion  of  Attorney-General  in  re,  178,  179. 


357 


358 


INDEX. 


Arkansas — Continued. 
Political  disturbances  of  1874— Continued. 
Possession  of  capitol  resumed  by  Baxter,  179. 
President  recognizes  Baxter,  176,  314. 
Proclamation  by  Brooks  denning  his  position, 

167. 
Proclamation  by  Lieutenant-Governor  Smith 

claiming  governorship,  179. 
Proclamation  by  President,  175,  176. 
Propositions  to  settle  dispute,  172,  173,  175, 

312,  313. 
Requests  for  delivery  of  State  arms,  165. 

Denied  by  President,  167. 
Requests  for  Federal  aid,  166, 171, 173, 174, 176, 

180,  308-311. 
Supreme  Court — 
Denial  of  Brooks's  appeal,  164. 
Declares  Baxter  elected,  164. 
Judges  arrested  at  Benton,  174. 
Recognizes  Brooks,  174. 

Telegraphic  messages  ordered  inspected,  171. 
Validity  of  Baxter's  election  contested,  164. 
Withdrawal  of  Federal  troops,  173. 
Refuses  to  furnish  military  quota,  105. 
Seizure  of  military  depots,  etc.,  by  secession 
ists,  101. 
Army,  Regular. 
As  posse  comitatus,  when  may  be  used,  5. 

Unlawful  use,  punishment  for,  5. 
Condition  and  strength,  1848-1855,  73. 
Condition  in  1901,  253. 
Act  of  Congress  reorganizing  militia,  referred 

to, 255. 
Army  officers,  assigned  to  duty  with  National 

Guard,  255. 

First  reserve,  recommendation  for  organiza 
tion  of  National  Guard  as,  254. 
Instruction  of  National  Guard,  and  its  offi 
cers,  255. 
Militia,  provision  regulating  participation  in 

appropriations,  255. 
Recommendations     for     raising     volunteer 

forces,  254. 

Reorganization  of,  253. 
Reorganization  of  militia,  255. 
Volunteer,  reliance  of  country  mainly  upon, 

254. 

Condition  of,  1842-1846,  72. 
Creation,  49. 

Acts  of  Congress  relating  to,  49. 
Decision  by  General  Hancock  as  to  use  of,  199. 
Expansion  made  necessary  by  Philippine  insur 
rection,  243. 

Federal  aid,  method  of  extending,  257. 
Federal  troops- 
Activity  in  Louisiana,  protecting  property, 

etc.,  158. 

Authority  of  sheriff  or  State  officers  to  sum 
mon,  as  posse,  206. 

Instructions  as  to  use  of,  201,  307,  308,  310. 
Protest  by  Governor  Altgeld  against  use  of, 

in  Illinois,  348. 
Relation   to   State   authorities,    disposition, 

322,  324. 

Remarks  on  use  of,  during  1877,  204,  205. 
Responsibility  of  officer  commanding,  11. 
Government    and    procedure    in    action 
against  mob,  11, 12. 


Army,  Regular— Continued. 
Federal  troops— Continued. 
Sent  into  Maryland,  193,  194. 
Subjection  to  civil  power,  259. 
Government  of  troops  in  action  against  mob 

violence,  12. 

Increase  of,  projected,  45. 
Organization  of,  32. 
Organizations — 

Artillery—  * 

First,  called  out  to  preserve  peace  in  South 

Carolina,  185. 
Second,  called  out  to   preserve   peace   in 

South  Carolina,  185. 
Third,  called  out  to  preserve  peace  in  South 

Carolina,  185.  4 

Cavalry — 

First,  added  to  Utah  Expedition,  1857,  96. 
Fourth,  brush  with  Apaches  at  Horseshoe 

Canyon,  New  Mexico,  214. 
Sixth,  fight  with  hostile  Apaches  at  Hatchet 

Mountains,  New  Mexico,  214. 
Dragoons — 

Second,  part  of  Utah  Expedition,  1857,  94. 
Infantry — 

First,  sent  to  Los  Angeles,  Cal.,  236. 
Fifth,  part  of  Utah  Expedition,  1857,  94. 
Sixth,  added  to  Utah  Expedition,  1857,  96. 
Seventh- 
Added  to  Utah  Expedition,  1857,  96. 
Ordered  to  Rock  Springs,  Wyo.,  216. 
Ninth- 
Arrival  at  Chicago,  111.,  231. 
Mentioned,  202. 
Sent  to  Chicago,  111.,  201. 
Tenth,  part  of  Utah  Expedition,  1857,  94. 
Fourteenth,  ordered  to— 
Evanston,  Wyo.,  216. 
Seattle,  Wash.,  to  preserve  peace,  218. 
Fifteenth,    company    sent    to    Hammond, 

Ind.,  attacked  by  mob,  232. 
Eighteenth,  called  out  to  preserve  peace  in 

South  Carolina,  185. 
Twenty-second — 
Mentioned,  202. 
Sent  to  Chicago,  111.,  201. 

Twenty-third,  ordered  to  St.  Louis,  Mo. ,  202.         < 
Paucity  renders  militia  indispensable,  61. 
Policy  of  Government  in  regard  to  use  of,  240. 
Protection  of  people  in  Territories,  74. 
Requested  by  authorities  of  Michigan,  Wis 
consin,  California,  and  Iowa,  204. 
Restriction  of  use  as  posse  comitatus,  97. 
Sentiment  of  people  in  regard  to,  59. 
Strength,  acts  fixing,  59,  tiO. 
Distribution  1821-1846,  59. 
Use- 
As  posse  comitatus,  restrictions  on,  5, 188,  211, 

338. 
By  General  Government  in  enforcement  of 

law,  5-13,  238. 

Under  Constitutional  guaranty,  257. 
In  emergency,  332. 
In  quelling  negro  insurrections,  1831,  56. 

Feeling  as  to,  56. 

When  officers  may  use  troops  to  preserve  or 
der,  11. 


INDEX. 


359 


Army  Regulations. 

Provisions  relating  to  use  of — 
Army  as  posse  comitatus,  5. 
United  States  forces,  in  enforcing  law,  5-13. 
Arthur,  Chester  A.,  President  United  States. 

Proclamation  re  disturbances  in  Arizona,  213. 
Ashley  County,  Ark. 

Martial  law  declared  in,  125. 
Asken,  B.  F.,  Member  Arkansas  Legislature. 
Declares  for  Baxter,  312. 

Requests  Federal  protection  for  legislature,  311. 
Atchison,  David, 'Major-General,  Kansas  Militia. 

Kansas  disturbances,  283. 
Atchison,  Topeka  and  Santa  Fe  Railroad. 

Sympathetic  strike  on,  233. 
Atkinson,  Henry,  Brigadier-General,  U.  S.  A. 
Commands  troops    engaged  in    Black    Hawk 

war,  59. 
Atlanta,  (ia. 

Disturbances  of  1868  at,  123. 
Atlantic  and  Pacific  Railroad. 
Designated  as  post  route  and  military  road,  10 
Grant  of  land  to,  10. 
Attorneys-General. 
Bradford,  William,  35. 
Gushing,  Caleb,  90,  256,  289,  339. 
Evarts,  William  M.,  123,  210,  211. 
Olney,  Richard,  228,  347. 
Tuft,  Alphonso,  186. 
Williams,  George  H.,  167,  169,  178,  303,  304,  306- 

308,  310,  311. 
Augusta,  Ga. 

Municipal  troubles,  126. 
Axtell,  S.  B.,  Governor  of  New  Mexico. 

Requests  Federal  aid,  207,  337. 
Babcock,  0.  E.,  Secretary  to  the  President. 
Instructions  re  Federal  interference  in  Arkan 
sas,  308. 
Badger,  General  A.  S. 

Chief  of  police,  city  of  New  Orleans,  154, 304. 
Bagley,  John  J.,  Governor  of  Michigan. 
Requests  Federal  troops  be  placed  at  his  dis 
posal,  334. 

Baird,  Absalom,  Major-General,  U.  S.  A. 
Appoints  Brig.  Gen.  A.  C.  Kautz,  U.  S.  A.,  mil 
itary  governor  of  New  Orleans,  139. 
Declares  martial  law  in  New  Orleans,  139. 
Mentioned,  132, 136. 

Notified  by  mayor  of  intention  to  disperse  con 
vention,  133. 
Reply  thereto,  133. 

Opinion  of  procedure  against  convention,  134. 
Orders  troops  into  city,  137. 
Requests  instructions  from  President,  134. 
Suggestions  by  Lieutenant-Governor  Voorhees 

as  to  use  of  military,  137. 
Baker,  John   H.,   United  States  district  judge, 

Indiana. 

Asks  cooperation  of  Federal  troops,  347. 
Baltimore,  Md. 
Riot  at,  191-194,  317-320. 
Destruction  of  railroad  property,  192. 
Documents  relating  to,  317, 318, 319, 320. 
Federal  troops  ordered  to,  192,  193. 
President's  proclamation  regarding,  193. 
Termination  of  troubles  in  Maryland,  194. 
Baltimore  and  Ohio  Railroad. 
Strike  on  in  Ohio,  198. 


Bankhead,  James,  Colonel,  U.  S.  A. 
Commands  United  States  troops  during  Dorr's 

rebellion,  65-72. 
Instructions  of  Secretary  of  War  to  regarding 

affairs  in  Rhode  Island,  69,  271. 
Mentioned,  272,  275. 

Reports  of  affairs  in  Rhode  Island,  69,  273. 
Barry,  W.  F.,  Brevet  Major-General,  U.  S.  A. 
Commandant  Fort  McHenry,  Md.,  192,  319. 
Fenian  invaders  of  Canada  surrender  to,  113. 
To  aid  governor  of  Maryland,  192,  319, 
Batavia,  N.  Y. 

Arsenal  at,  plundered  by  insurgents,  64. 
Baton  Rouge,  La. 

Seizure  contemplated  by  Aaron  Burr,  46. 
Baxter,  Elisha,  Governor  of  Arkansas. 
Alleged  by  Lieutenant-Governor  Smith  to  have 

abandoned  governorship,  179. 
Announces  his  intention  to  occupy  the  capitol, 

169. 

Attorney-General's  opinion  should   be   recog 
nized  as  governor  of  Arkansas,  179. 
Calls  out  the  militia,  164,  166. 

Reasons  for  so  doing,  164. 
Directed  to  do  nothing  to  cause  a  breach  of  the 

peace,  170. 

Election  and  inauguration,  164. 
Informed  by  Attorney-General  Williams  that 

case  belongs  to  State  courts,  166. 
Judgment  against,  by  circuit  court,  164. 
Legislature  declares  for,  312. 
Mentioned,  167,  168,  178,  308,  313. 
Orders  inspection  of  telegraphic  messages,  170. 
Proposes  settlement  by  legislature,  172. 
President's  proposition   to,   for  settlement  of 

controversy,  312,  313. 
Recognized  by  President,  314. 
Requests  Federal  aid,  166,  171,  173. 
Resumes  possession  of  capitol,  179. 
Retirement  from  executive  office,  179. 
Statement  of  position  in  regard  to  governorship, 

171,  310. 

Takes  possession  of  Little  Rock,  Ark.,  168. 
Treachery  and  connivance  alleged,  180. 
Bayard,  Thomas  F.,  Secretary  of  State. 
Mentioned,  219,  300. 
Notifies  Governor  Squire,  Washington  Territory, 

to  protect  Chinese,  340. 
Beaver,  James  A.,  Major-General,  Pennsylvania 

National  Guard. 

Commands  Pennsylvania  State  troops,  198,  325. 
Beavers,  B.  B. ,  Member  Arkansas  Legislature. 

Declares  for  Governor  Baxter,  312. 
Bedford  County,  Pa. 
Insurrection  declared  in,  39. 
Movements  of  troops  against,  39. 
Belknap,  William  W.,  Secretary  of  War. 
Assures  General  Sheridan  of  confidence  of  Gov 
ernment,  162. 
Instructions  to  General  Sheridan,  re  procedure 

at  New  Orleans,  158. 
Instructions  to  Col.  W.  H.  Emory,  re  procedure 

at  New  Orleans,  307. 
Instructions  to  Capt.  T.  E.  Rose,  re  procedure  in 

Arkansas,  310. 

Reports  to,  by  General  Sheridan,  161,  162. 
Benton,  Ark. 
Arrest  of  supreme  court  judges  at,  174. 


360 


INDEX. 


Berks  County,  Pa. 

Resistance  to  domiciliary  visitation,  43. 
Bethlehem,  Pa. 

Attack  on  marshal's  posse  at,  43. 
Bienvllle  Parish,  La. 

Political  murders  in,  131. 
Black  Hawk  War,  1832. 

Concentration  of  Army  and  Militia,  59. 
Brigadier-General  Atkinson  assigned  to  com 
mand,  59. 

Militia  called  out  to  suppress,  59. 

Termination,  59. 
Black,  H.  M.,  Colonel,  U.  S.  A. 

Instructions  to,  re  South  Carolina  elections,  185. 
Black  Jack,  Kans. 

Collision  at,  83. 
Blennerhassett  Claim,  48. 

(See  Burr's  conspiracy.) 
Blennerhassett  Island,  Va. 

Ohio  troops  sent  to,  48. 

Taken  possession  of  by  Virginia  troops,  48. 
Bolton,  W.  J.,  Brigadier-General,  Pennsylvania 
National  Guard. 

Reports  his  command  to  General  Hancock,  323. 
Borden,  Luther  M.,  Militiaman  of  Rhode  Island. 

Sued  for  trespass  by  a  Dorr  partisan,  70. 
Bossier  Parish,  La. 

Political  murders  in,  131. 
Boston,  Mass. 

Arrest  of  fugitive  slaves  at,  75,  76. 

Disturbances  on  account  of,  76. 

Boutwell,  E.  B.,  Commander,  U.  S.  N. 

Commands  sloop  of  war  John  Adams,  91,  92. 

Demands  surrender  by  vigilance  committee  of 
Judge  Terry,  91. 

Governor  of  California  requests  protection  for 
Judge  Terry,  91. 

Instructions  of  Commander  Farragut  to,  92. 
Bowdoin,  James,  Governor  of  Massachusetts. 

Instructions  to  Major  General  Lincoln,  Massa 
chusetts  militia,  re  Shays's  rebellion,  14. 
Bowen,  Henry. 

Secretary  of  State,  Rhode  Island,  266,  277. 
Resolution  of  general  assembly  asking  Federal 

aid,  transmitted  by,  266. 
Braekenridge,  H.  M. 

History  of  Western  Insurrection,  mentioned,  41. 
Braddock's  Field,  Pennsylvania. 

Assemblage  of  insurgents  on,  34. 
Bradford,  William,  United  States  Attorney-Gen 
eral. 

Opinion  re  position  of  Governor  Mifflin,  35. 
Bradley  County,  Ark. 

Martial  law  declared  in,  125. 
Bradley, L. P.,  Brevet  Brigadier-General,  U.S.A. 

Anti-Chinese  riots  in  New  Mexico,  344. 
Brady,  Hugh,  Brigadier-General,  U.  S.  A. 

"Patriots"  surrender  to,  64. 
Brady,  William,  Sheriff,  Lincoln  County,  N.  Mex. 

Applies  for  Federal  aid  to  put  down  mob,  337. 
Braniian,  John  M.,  Lieutenant-Colonel,  U.  S.  A. 

Railroad  strikes  of  1894,  228-239. 
Bridger"  Fort,  Utah. 

Burned  by  Mormons,  95. 
Brinton,    -    — ,    Major-General,    Pennsylvania 

Militia,  335. 
British  Government. 

Responsible  for  burning  of  steamer  Caroline,  63. 


Brooke,  C.  H.,  United  States  Attorney,  Oklahoma. 

Applies  for  Federal  aid,  335. 
Brooke,  John  It.,  Lieutenant-Colonel.  I".  S.  A. 
Appointed  to  command  city  of  New  Orleans, 

156. 

General  Emory's  reasons  for,  157. 
Governor  John  McEnery  surrenders  to,  15S. 
Brooks,  Joseph. 

Contestant  for  governorship  of  Arkansas,  164. 
Declared  by  Congressional  committee  to  have 

been  legally  elected,  181. 
Sustained  by  President,  181. 
Declared  elected,  lt'>5. 

Directed  to  cause  no  breach  of  the  peace,  170. 
Disbands  troops,  and  retires  from  State  house. 

179. 

Mentioned,  308,  310. 
Proposition  to,  for  settlement  of  controversy, 

312. 
Declined,  313. 

Reasons  for,  313. 
Request  for — 
Aid  against  Baxter,  309. 
Delivery  of  State  arms,  165. 
Denied  by  President,  167. 
Federal  aid,  171,  174,  309. 
Seizes  the  capitol,  165. 
Statement  of  case  to  President,  171. 
States  his  position  to  Attorney-General,  311. 
Warrants   of   directed    honored    by    Supreme 

Court,  174. 

Proclamation  congratulating  people  and  defin 
ing  his  position,  167. 
Brown,  John. 

Harpers  Ferry,  Va.,  affair,  99-101. 
Documents  relating  to,  296,  297. 
Kansas  troubles,  79-85. 

Commanding  Free-Soil  Party,  83. 
Brown,  W.  Matt. 

Mayor  of  Nashville,  Tenn.,  114-116. 
Brownlow,  William  tJ.,  Governor  of  Tennessee. 
Call  for  troops  against  Ku-Klux,  117. 
Nashville  election  troubles,  114, 116. 
Proclamation  against  Ku-Klux-Klan,  117. 
Statements  of,  one  cause  for  organization  of 

Ku-Klux,  116. 

Buchanan,  James,  President  United  States. 
Notification  by  Governor  Wise  of  action  taken 

at  Harpers  Ferry,  297. 
Mentioned,  295. 
Proclamation,  100. 
Proclaims  pardon  to  all  who  submit  to  Federal 

authority,  295. 

Buchanan,  K.  C.,  Brevet  Major-General,  U.  S.  A. 
Commands  Department  of  Louisiana,  142-146. 
Congratulatory  order  re  readmission  of  Louisi 
ana,  143. 

Defines  connection  of  military  with  civil  pow 
ers,  144,  301. 

Instructions  re  use  of  troops,  144,  301. 
Mentioned,  143,  146. 
Bucks  County,  Pa. 

Resistance  to  domiciliary  visitation,  43. 
Buffalo,  N.  Y. 
Fenians  assemble  at,  112. 
Railroad  strikes  of  1892  at,  222. 

Suppressed  by  National  Guard,  222. 
Riots  at,  in  1877,  203. 


INDEX. 


361 


Bulloch,  R.  B.,  Governor  of  Georgia. 
Makes  requisition  for  troops,  126. 
Proclamation  forbidding  formation  of  armed 

organizations,  126. 

Burbank,  Aathaniel,  Lieutenant,  U.S.A. 
Adjutant-general,  Departmentof  Louisiana,  139, 
301, 302. 

iJurke,  ,  United  States  Attorney. 

Asks  Federal  aid  at  Hammond,  Ind.,  347. 
Burke,  Idaho,  Miners'  Union. 

Seizes  train,  247. 
Burlington,  Iowa. 
Citizens  request  Federal  aid,  204. 
Trains  tied  up  at,  204. 
Burns,  Anthony,  Fugitive  Slave. 
Arrest  of,  76. 

Denunciation  of  Government  officials  by  coun 
sel  for,  77. 

Returned  to  Virginia,  77. 
Burr,  Aaron. 

(See  Burr's  conspiracy.) 
Burr's  Conspiracy,  1805-1807. 
Aaron  Burr,  prime  mover — 
Arrest  of,  49.    ' 

Connection  with  conspiracy  known  to  Presi 
dent,  47. 
Escape  of,  48. 

Learns  of  General  Wilkinson's  duplicity,  48. 
Mississippi  grand  jury  declares  him  innocent, 

48. 

Negotiations  with  General  Wilkinson,  46. 
Not  mentioned  in  President's  proclamation, 

47. 

Proclamations  for  arrest,  48. 
Surrender  to  militia  of  Mississippi,  48. 
Trial  and  acquittal,  49. 
Concealment  of  name  of  prime  mover,  47. 
Objects  of,  46,  47,  48. 
Union,  severance  of,  designed,  48. 
Butler,  Benjamin  F.,  Major- General,  II.  S.V. 
Commands  forces  of  occupation,  city  of  New 

Orleans,  132. 
Caddo  Parish,  La. 
Massacre  in,  131. 
Cadwallader,  John  L. 
Acting  Secretary  of  State,  184. 

Caldwell, ,  Chief  Operator,  Baltimore  and 

Ohio  R.  R. 
Informed  of  capture    of    arsenal    at    Harpers 

Ferry,  296. 
Calhoun,  John  C.,  U.  S.  Senator. 

Considers  tariff  laws  unconstitutional,  57. 
California,  Department  of. 

Orders  for  troops  to  be  sent  to  Idaho,  346. 
California,  State  of. 
Arms,  etc.,  issued  to,  335. 

Disorganization  of  society  following  gold  find 
ing,  85. 

Governor  requests  Federal  aid,  204,  335. 
Governors — 
Irvin,  William,  335. 
Johnson,  J.  Neely,  88, 89, 
Railroad  strike  extends  to,  235. 
Casualties  during,  237. 
Force  required  to  suppress,  236. 
Losses,  etc.,  by,  236. 
Resumption  of  traffic,  236. 


California,  State  of— Continued. 
Railroad  strike  at  Sacramento,  236. 
Disturbances  at  Oakland  and  Los  Angeles, 

236. 

Use  of  Federal  troops  in  railroad  troubles,  236. 
San  Francisco  vigilance  committee,  1856,85-93, 

288-293. 

Cameron,  James  Donald,  Secretary  of  War. 
Instructions  for  military  commanders  re  South 

Carolina  disturbances,  184,  185. 
Mentioned,  186. 
Cameron,  Simon,  Secretary  of  War,  1861. 

Remarks  on  volunteer  system,  105. 
Camilla,  Ga. 
Riot  at,  1868,  126. 
Conflict  between  negroes  and  sheriff's  posse, 

126. 

Federal  aid  in  quelling,  126. 
Formation   of    unauthorized    organizations 

prohibited,  126. 

Campbell, ,  Major-General,  Louisiana  Mili 
tia. 

Removed  from  command,  148. 
Campo  Bello,  N.  B. 

Fenians  attempt  occupation,  112. 
Canada,  Dominion  of. 
Attempted  Fenian  invasion,  111. 
Adoption  of  plans  for,  112. 
Arrests  by  United  States  authorities,  112. 
Capture  and  dispersion  of  expedition,  112. 
Engagement  with  Canadian  militia,  112. 
Final  cessation  of  attempt,  113. 
Militia  of  Canada  called  out,  112. 
Number  engaged,  113. 
Points  of  assembly,  122. 

Proclamation  to  prevent  unlawful  expedi 
tions  from  United  States,  113. 
Seizure  by  Government  of  vessel  and  arms, 

112. 

Surrenders  at  Buffalo,  113. 
Take  possession  of  Fort  Erie,  Canada,  112.    ' 
Withdrawal  of  invaders,  112. 
Canada   Southern    Railroad    suspends   opera 
tions,  197. 
"  Patriot  war,"  62. 

(See  Fenian  Invasion  and  Patriot  War.) 
Canby,  E.  B.  S.,  Brevet  Major-General,  U.S.A. 
Commands  Department  of  Louisiana,  132. 
Prevents  mayor  of  New  Orleans  from  exercis 
ing  functions,  132. 
Cannon,   George  (J.,  President  of  the  Mormon 

Church. 

Arrest  and  delivery  to  court,  214. 
Capron,  Erastus  A.,  Captain,  U.S.  Army,  261. 
Carbon,  Wyo. 

Closing  of  mines  at,  218. 
Carlisle,  Pa. 

Rendezvous  for  troops,  37. 
Carolinas,  The. 

Threatened  slave  revolt  in,  56. 
Caroline,  American  Steamer. 
Destroyed  by  Canadian  forces,  63. 
Responsibility  for,  assumed  by  British  Gov 
ernment,  63  (note). 
Carroll,  Daniel,  Member  Federal  Constitutional 

Convention. 
Debate  on  guaranty  section,  18. 


362 


INDEX. 


Carroll,  John  Lee,  Governor  of  Maryland. 
Asks  Federal  aid,  192,  317. 

Promised  by  President,  318. 
Reports  situation  at  Baltimore  and  Cumber 
land,  193,  319. 
Carter,  George  W. ,  Speaker  Louisiana  House  of 

Representatives. 
Proclamation,  147. 
Casey,  James,  Editor. 
Mentioned,  88,  93. 
Murders  James  King  at  San  Francisco,  86. 

Hanged  by  vigilance  committee,  87. 
Cass,  Lewis,  Secretary  of  War. 
Instructions  to— 
Scott,  Winfield,  Lieutenant-General,  U.  S.  A., 

57. 

Walker,  Robert  J.,  Governor  of  Kansas,  287. 
Secretary  of  State,  287. 
Catahoula  Parish,  La. 

Political  murders  in,  131. 

Cat  run,  Thomas  B.,  United  States  Attorney,  Dis 
trict  of  New  Mexico. 

Sheriff  applies  to,  for  aid  to  preserve  order,  337. 
Central  Pacific  Railroad  Company. 

Designation  as  postal  route  and  military  road,  10. 
Chamberlain,  D.  G.,  Governor  of  South  Carolina. 
Asks  Federal  aid,  183, 185, 186. 
Election  contested,  183-187. 
Proclamation  disbanding  militia,  etc.,  183. 
Recognized  by  President,  186. 
Republican  legislators  declare  his  election,  187. 
Chambers,  James,  Major-General,  Pennsylvania 

Militia. 

Whisky  insurrection,  38. 
Chase,  Salmon  P.,  Chief  Justice. 
Quoted  relative  to  organization  of  Territories, 

339. 
Cherokee  Indians. 

Removal  to  west  of  Mississippi,  62. 
Cherokee  Lands. 
Intrusions  of  1838  on,  Gl. 

Call  for  militia  in  re,  61,  62. 
Withdrawal  of  troops  from,  61. 
Chepachet,  R.  I. 

Insurgents  concentrate  at,  273. 
Chester  County,  S.  C. 

Martial  law  declared  in,  122. 
Chesterfield  County,  S.  C. 

Martial  law  declared  in,  122. 
Chicago,  111. 

Federal  troops  sent  to,  194,  201,  229. 
Labor  strikes  of  1877  at,  200-202. 
Encounter  between  police  and  militia,  and 

mob,  201. 

Governor  requests  Federal  aid,  201. 
Instructions  as  to  use  of  Federal  troops,  201, 202. 
Report  of  situation  at,  201. 
Tranquillity  at,  reported  by  General  Sheri 
dan,  202. 

Railroad  strikes  of  1894  at,  22&-231. 
Arrest  of  strikers  for  obstructing  United  States 

mails,  228. 

Conflicts  of  strikers  with  United  States  mar 
shals  and  National  Guard,  229,  230. 
Destruction  of  property  by  mob,  229. 
National  Guard,  concentrated  at  Chicago,  229. 
Organization  of,  228. 


Chicago,  111.— Continued. 
Railroad  strikes  of  1894  at— Continued. 
Points  in  possession  of  mob,  229. 
Proclamation  by  President  in  re,  230. 
Protection  of  mail  trains,  228. 
Resumption  of  business,  231. 
United  States  court  enjoins  strikers,  228. 
Violence  by  strikers  at  various  points,  228. 
Chicago  and  Alton  Railroad. 

Strike  on,  200. 
Chicago  and  Erie  Railroad. 

Strike  on,  228. 
Chicago,  Burlington  and  Oiiiiirj  Railroad. 

Trains  tied  up  by  strikers,  204. 
Chinese. 
Anti-Chinese  feeling,  increase  of  disturbances 

on  account  of,  218. 
Carbon,  Wyo.,  strike,  218. 
Instructions  for  protection  of,  339,  340. 
Louisville,  Colo.,  strike,  218. 
New  Mexico  disturbances,  222,  344,  345. 
Rock  Springs,  Wyo.,  massacre,  215,  272-274. 
Seattle,  Wash.,  riots,  218-222,  342,  343. 
Tacoma,  Wash.,  riots,  218. 
Chipman,  Henry  L.,  Lieutenant-Colonel,  U.  S.  A. 

Anti-Chinese  riots  in  Wyoming,  216. 
Churchill,   T.   J.,   Brigadier-General,    Arkansas 

Militia. 
Appointed  to  command  Arkansas  Volunteers, 

168. 

Circuit  Courts. 

Powerless  to  review  acts  of  President  in  re  do 
mestic  violence,  71. 
"Citadel, "Charleston,  S.  C. 

Reenforced  by  United  States  troops,  57. 
Civil  Rights  under  Constitution,  5. 
Clay,    Green,    Member   Virginia    Constitutional 

Convention. 

Debate  on  Constitution,  21-23. 
Clayton,  N.  Y. 

Gathering  of  "  Patriots"  at,  64. 
Clayton,  Powell,  Governor  of  Arkansas. 
Lawlessness  of  State  in  1868,  125. 

Proclamation  re,  125. 
Cleveland,  Cincinnati  and  Columbus  Railroad. 

Stoppage  of  trains  on,  198. 
Cleveland,  Grover,  President  United  States. 
Aid  of  requested  by- 
Matthews,  Claude,  governor  of  Indiana,  347. 
McConnell,  W.  J.,  governor  of  Idaho,  233. 
Murray,  Eli  H.,  governor  of  Utah,  214. 
Ross,  Edmund  G.,  governor  of  New  Mexico, 

344. 
Squire,  Watson  C.,  governor  of  Washington, 

284. 
Thornton,  W.  T.,  governor  of  New  Mexico, 

292. 
Warren,  Francis  E.,  governor  of  Wyoming, 

272,  273. 
Instructions  regarding  use  of  troops  to  protect 

Chinese  in  Wyoming,  217. 
Protest  to  by  Governor  Altgeld,  against  use  of 

Federal  troops  in  Illinois,  348. 
Proclamations — 

Conduct  of  troops  at  Chicago,  230. 
Anti-Chinese  agitation  in  Washington  Terri 
tory,  218. 
Martial  law  in,  221. 


INDEX. 


363 


Cleveland,  Ohio. 

Stoppage  of  railroad  traffic  at,  198. 
Coal  Creek,  Tennessee. 
Uprising  of  miners  at,  222. 
Caused  by  State  leasing  convicts  to  work 

mines,  222. 

Suppressed  by  militia,  222. 
Cochran, Melville  A.,  Major,  Second  U.  S.  Infantry. 

Mentioned,  129  (note). 
Coeur  d'Alene,  Idaho,  Mining  District. 
Mining  troubles  of  1899  in,  246-253. 
Action  of  coroner's  jury,  252. 
Arrests  made  during,  252. 
Caused  by  troubles  between  unions  and  mine 

owners,  247. 

Congressional  Committee — 
Appointed  to  investigate  conduct  of  Army 

in  Idaho,  252. 
Minority  report  condemning  President  and 

Army,  253. 
Report  of,  252. 
Criminals,  escaping,  efforts  for  apprehension, 

249. 

Declaration  of  martial  law,  248. 
Federal  troops — 
Arrests  by,  250. 

Conduct  of   report  of  Congressional  Com 
mittee  on,  253. 
Duty  performed  by,  and  effect  of  presence, 

224. 

Governor  requests  aid  of,  223,  247. 
Noninterference  with  rules  affecting  labor, 

248. 

Ordered  to  aid  of  civil  authorities,  223,  248. 
Withdrawal  of,  225. 
Governor  of  Montana  cooperates  with  Idaho 

authorities,  249. 

Grand  jury,  indictments  by,  252. 
Impeachment  of  county  officials,  252. 
Ingress  to  and  egress  from,  246. 
Miners,    employment   of,   forbidden    unless 

holding  State  permits,  251. 
Miners'  unions,  organization  and  arming,  247. 
Principal  towns  in,  246. 
Prisoners,  care  of,  251. 
Procedure  in  cases  of  rioting,  249. 
Train  seized  by  strikers,  247. 
Unions  destroy  property  and  commit  murders 

at  Wardner,  247. 
Rioting  of  1892  in,  222-225. 
Caused  by  attack  on  nonmembers  by  Miners' 

Jnion,  222. 

Militia  ordered  out,  223. 
Proclamation  by  President  re  disturbances 

during,  224. 
Colfax,  La. 
Engagement  at,  150. 
Seized  by  negroes,  150. 
Collamer,  Jacob.,  U.  S.  Senator. 
Member  of  Senate  Committee  to  investigate 

affairs  at  Harpers  Ferry,  99. 
Colorado. 

Anti-Chinese  feeling  extends  to,  222. 
Municipal  troubles  at  Denver,  225-227. 
Columbia,  S.  C. 
Federal  troops  assembled  at,  185. 


Columbia  County,  Ark. 

Lawlessness  in,  125. 
Martial  law  declared  in,  125. 
Columbus,  Ohio. 

Miners  and  tramps  join  strikers,  199. 
Conclusions,  255-260. 
Constitutional  guaranty- 
How  fulfilled,  256. 

Procedure  necessary  to  secure  Federal  aid,  257. 
What  it  means,  256. 

Executive  power  to  call  out  militia,  256  (note). 
Federal  troops,  subjection  to  civil  powers,  259. 
Insurrection- 
Definition  of,  258  (note). 
What  constitutes,  to  be  decided  by  President, 

257  (note). 

Legal  government  to  be  determined  by  Presi 
dent,  258. 

Militia,  equipment  and  supply,  258. 
Mutiny,  definition,  258  (note). 
Number  of  calls  for  State  troops,  260  (note). 
Power  of  President — 
Regarding  militia,  258. 
To  extend  Federal  aid,  257. 
Rebellion,  definition,  258  (note). 
Revolt,  definition,  258  (note). 
Riot,  definition,  258  (note). 
Sedition,  definition,  258  (note). 
State  control  of  troops,  when  ceases,  259. 
Use  of  troops,  President  to  judge  of  expediency, 

257, 258. 

Congress  of  United  States. 
Acts  of— 
Governing  use  of    Federal   troops  as  posse 

comitatus,  207. 

Effect  of,  in  Territory  of  New  Mexico,  207. 
Protection  of  public  lands,  7. 
Relating  to  Army,  49, 50, 60. 
Reorganization  of  militia,  255. 
To  enforce  Fourteenth  amendment,  etc.,  121. 
Assuming  war  powers,  104. 
Authorizing  organization,  etc.,  of  militia,  42. 
Authorizing  President  to  accept  volunteers  for 

Mexican  war,  73. 
Decision  re  State  government  binding  on  every 

department  of  Government,  71. 
Declares  void  treaties  with  France,  45. 
Demonstration  against,  by  Pennsylvania  Revo- 

lutioi-ary  soldiers,  15. 
First  Army  raised  by,  32. 
Flight  from  Philadelphia  to  Trenton,  15. 
July  ]  3,  1861,  President  authorized  to  declare 

existence  of  insurrection,  103. 
Legislation  for  defense,  subsequent  to  whisky 

insurrection,  41. 

Opinion  to,  of  right  to  intervene  in  State  dis 
turbances,  16. 

Opposition  to  Federal  interference,  187. 
Suspension   of    commercial    intercourse   with 

France,  45. 
To  decide  which  is  established  government  of 

State,  71. 
To  determine  means  of  fulfilling  Constitutional 

guaranty,  71. 
Connecticut. 

Position  re  guaranty  section,  17, 19,20. 
Ratification  of  Constitution,  21. 


364 


INDEX. 


Conner,  F.  A. ,  MemberSouthCarolinaLegislatnre. 
Protest  against  Federal  interference,  General 

Ruger's  reply  to,  187. 
Conrad,  diaries  M.,  Secretary  of  War. 

Instructions  for  government  of  troops,  75. 
Constitutional  Convention  of  1787. 
Assembly,  16. 

Common  defense,  resolutions,  16. 
Conditions  confronting,  13. 
Congress,  opposition  to  power  given  to,  20. 
Enforcement  of  law  by  Congress,  fear  of  power 

given  for,  20. 

Government  of  military  forces  given  to  Con 
gress,  16. 

Meeting  of  Convention,  13. 
Military  forces,  State,  lack  of  in  early  history,  13. 
Militia,  condition  after  Revolution,  13. 
Opposed  to  standing  army,  16. 
Resolutions,  introduced  by  Mr.  Edmund  Ran 
dolph,  16. 

Subjects  for  consideration,  16. 
Constitution  of  the  United  States. 
Attitude  of  States  toward,  20. 
Federal  Convention,  13. 
Guaranty  section,  history,  13-31. 
Civil  rights  under,  5. 
Decision  of  Supreme  Court,  70. 
Extension  of  Federal  aid  under,  257. 
Introduction  of  resolution,  16. 

Debate  on,  17-20. 
Not  applicable  to  Territories,  206. 
Framed  and  signed,  20. 
Pennsylvania  convention,  debates  on,  29-31. 
Ratification  by  States,  21. 
Virginia  convention,  debates  on,  21-29. 
Conway  County,  Ark. 
Lawlessness  in,  125. 
Cooke,    Philip  St.  George,    Lieutenant-Colonel, 

U.  S.  A. 
•  Kansas  troubles,  commanding  Federal  troops 

in,  83-85,  280-287. 

Aid  requested  by  Governor  Geary,  283. 
Causes  disbandment  of  pro-slavery  forces,  84. 
Use  of  troops,  82, 85,  280,  284,  286,  287. 
Cooper,    James   A.,   Major -General,    Tennessee 

Militia. 
Ku-Klux-Klan  troubles,  117. 

Cora, ,  Italian  Gambler. 

Commits  murder  in  San  Francisco,  86. 
Hanged  by  vigilance  committee,  87. 
Mentioned,  88,  93. 

i'oushatta,  La. ,  Tragedy,  August  28, 1874. 
Engagement,  152. 
Officials  murdered,  152. 
Corbin,    Francis,    Member  Virginia,    Constitu-   ; 

tional  Convention. 

Remarks  on  militia  clause  of  Constitution,  28. 
Corbin,  Henry  C.,  Adjutant-General,  U.  S.  A. 
Commendation  of  volunteers,  245. 
Informs  governor  of  Idaho  that  troops  ordered 

to  scene  of  disturbance,  248. 
Instructions  re  use  of  troops  in  Idaho,  248. 
Recommendation  for  replacing  of  volunteers 

in  Philippine  Islands,  245. 
Remarks  re  discipline  of  volunteers,  245. 
Corcoran,  Paul,  Railway  Union  official. 
Indicted  for  murder  and  sentenced  to  peniten 
tiary,  252. 


Courts,  United  States. 

Jurisdiction  to  interfere  by  injunction,  238. 
Cradlebaugh,  John,  Federal  judge  for  Utah. 
Asks  Federal  aid  to  hold  prisoners,  97. 
Requested  to   take  over  prisoners   and   wit 
nesses,  98. 
Cralghead  County,  Ark. 

Martial  law  declared  in,  125. 
Crawford,  George  W.,  Secretary  of  War. 
Remarks  on  condition  of  California,  and  New 

Mexico  Territory,  73. 
Crofton,  Robert  E.  A.,  Colonel,  U.  S.  A. 

Chicago  strike  of  1894,  229. 
Crook,  George,  Major-General,  U.  S.  A. 
Disorder  at  Hastings,  Nebr.,  211,  268,  269. 
Sends  troops  to  suppress,  211. 

Reasons  for,  212. 

C  U  llciin.  Shelby  M.,  Governor  of  Illinois. 
Asks  Federal  aid,  201,  329,  330. 
Inquires  if  troops  will  be  sent  to  Chicago,  329. 

Reply  of  Secretary  of  War,  329. 
Cumberland,  Md. 
Labor  strikes  of  1877,  192-194. 
Federal  troops  concentrated  at,  194. 
Governor  requests  Federal  aid,  192. 
Lawlessness  at,  increasing,  193. 
Militia  ordered  to,  192. 
Rioters  killed  by,  192. 
Stoned  by  mob  at  Baltimore,  192. 
To  protect  railroad  property,  192. 
Property  destroyed  at,  192. 
Troops  to  rendezvous  at,  37. 
Cummings,  Alfred,  Governor  of  Utah. 
Appointment,  93. 
Arrives  at  Camp  Scott,  96. 
Organizes  Territorial  government,  95. 
Requests  withdrawal  of  troops  from  Provo,  97. 
Mormon  rebellion,  93-96,  293-296. 
Proclamations — 
Commanding  disbandment  of  armed  bodies, 

95. 

How  received  by  Mormons,  96. 
Organization  of  Territory,  294. 
Restoration  of  peace  and  gran  ting  pardon,  96, 

295. 
Currey,  Edward. 

Secretary  of  state  ad  interim  for  Arkansas,  310. 
Curtis,  George  Ticknor. 
Remarks  on  Constitution,  16,  30. 
Mentioned,  21. 

United  States  Commissioner,  Massachusetts. 
Orders  arrest  of  fugitive  slave  Simms,  7G. 

Curtis, . 

Inspector-General,  I.  N.  G.,  223. 
Cushing,  Caleb,  Attorney-General. 
Disturbances  in  San  Francisco,  opinion  re  Fed 
eral  interference,  90. 
Opinions — 
Employment  of   Federal  troops  to  suppress 

insurrection  in  a  State,  289. 
Power  of  Executive  to  call  out  militia,  256. 
Territorial  rights,  quotation  from,  339. 
Uutler,  II.  King,  Citizen  of  New  Orleans. 

Reported  as  an  agitator,  300. 
Dakota,  Military  Department  of. 

Troops  ordered  to  Idaho  from,  346. 
Dandridge,  B. 
Private,  secretary  to  President  Washington,  41. 


INDEX. 


365 


Davis,  J.  C.  Bancroft. 

Acting  Secretary  of  State,  152. 
Davis,  Jefferson,  United  States  Senator  and  Sec 
retary  of  War. 
Instructions  re  use  of  Federal  troops  in  Kansas, 

280. 
Member  of   Senate  committee  to  investigate 

affair  at  Harpers  Ferry,  Va.,99. 
Davis,  Jeff.  C.,  Brigadier-General,  U.  S.  A. 
Labor  strikes  of  1877  at  St.  Louis,  Mo.,  202,  203, 

327, 333. 

Dayton,  Jonathan,  Member  of  Federal  Constitu 
tional  Convention. 

Debate  on  guaranty  section  of  Constitution,  19. 
Dearborn,  Henry,  Secretary  of  War. 
Letter  to  re  suppression  of  insurrection  in  Ver 
mont,  52. 
Deas,  George,  Major,  U.  S.  A. 

Kansas  troubles,  286. 
Debs,  Eugene  V.,  Strike  leader. 
Railroad  strikes  of  1894,228-239. 
Statement  re  end  of  railroad  strike,  237. 
Decision  as  to  lawful  government,  how  made,  150. 
Deitzler,   George   W.,   Secretary,  Committee    of 

Safety,  Kansas. 
Asks  Federal  interference  in  Kansas,  278. 

Delaplaine, ,  Colonel,  West  Virginia  Militia. 

Aid-de-camp  to  governor  of  West  Virginia,  190, 

191,  315-317. 
Delaware. 

Negro  insurrection  threatened,  1831,  56. 
Ratines  Federal  Constitution,  18. 
Position  in  regard  to,  17,  19,  20. 
Delaware,  Lackawanna  and  Western  K.  K. 

Suspends  operations,  197. 
Denver,  Colo. 

Municipal  troubles,  225-227. 
Action  of  Federal  commander  in  re,  225. 
Causes  of,  225. 

Federal  troops,  withdrawal,  227. 
Governor  requests  Federal  aid,  225. 
Instruction  as  to  use  of  Federal  troops,  226. 
Militia  ordered  out,  225. 
Termination  of  disturbances,  227. 
Withdrawal  of  request  for  aid,  227. 
De  Trobriand,  Philip  K.,  Brevet  Brigadier-Gen 
eral,  U.  S.  A. 

Political  disturbances  in  Louisiana,  160. 
Detroit,  Mich. 
Unsettled  condition  of  affairs  at,  204. 

Dewees, ,  Supervisor,  De  Soto  Parish,  La. 

Murdered  during  political  disturbances,  152. 
Dickinson,  John,  Member  Federal  Constitutional 

Convention. 

Debate  on  guaranty  clause  of  Constitution,  18. 
Dillon,  Sidney,  President  Union  Pacific  Railroad. 
Inquires  as  to  military  protection  for  road,  331. 
District  of  Columbia. 

Instructions  for  preservation  of  peace  in,  333. 
Dobbin,  James  C.,  Secretary  of  the  Navy. 
Correspondence  with  David  G.  Farragut,  Com 
modore,  U.  S.  N. 
Dobson,  J.  11.,  Brigadier-General,  Pennsylvania 

National  Guard. 

Reports  division  to  General  Hancock,  323. 
Dockery,  T.  P.,  General,  Arkansas  Militia. 
Announced  as  military  governor  of  Little  Rock, 
168. 


Documents — 

Relating  to  Federal  aid  in   domestic  disturb 
ances,  261-355. 
Domestic  violence. 

Suppression  of,  9—49. 
Doolittle,  J.  II.,  United  States  Senator. 
Member  of  Senate  committee  to  investigate 

affair  at  Harpers  Ferry,  Va.,  99. 
Dorr's  Rebellion,  Rhode  Island,  1842. 
Amnesty  granted  to  leaders,  70. 
Appeals  to  President  for  aid,  66,  67,  69,264,  266, 

268,  270,  272,  274. 

Arrest  and  conviction  of  leaders,  70. 
Attempt  to  seize  arsenal  at  Providence,  67. 
Cause  of,  66. 
Commissioners  sent  to  President,  66,  264,  265, 

268. 

Compliance  with  constitutional  guaranty  pre 
requisite  to  Federal  aid,  68. 
Condition  and  number  of  insurgents,  69. 
Conditions  at  Chepachet,  69. 
Differences  between  "Charterites"  and  "Con 
stitutionalists,"  66. 
Dispersion  of  insurgents,  69. 
Documents  re,  70  (note),  264-277. 
Dorr  government,  no  legislators  elected  under 

authority  of,  71. 

Enlistment  in  other  States  of  men  for  insur 
gents,  67. 
Federal  intervention,  when  necessary,  66. 

Dorr  protests  against,  67. 
Instructions  re  military  aid  in  Rhode  Island, 

275. 

Insurgents  evacuate  Chepachet,  69. 
Insurgents  fortify  at  Chepachet,  68. 
Lawsuits  arising  from,  70. 
Military  officers  directed  to  secure  information 

regarding,  271,  272,  275. 
Militia  force,  advances  on  insurgent  works  at 

Chepachet,  69. 
Militiamen  sued  for  trespass  by  Dorr  partisan,  70, 

State  and  United  States  courts  find  for,  70. 
Martial  law  declared,  69. 
New  constitution  adopted,  69. 
New  government  elected,  66. 
Notification  to  President  of,  67. 
Organizes,  67. 
President  declines  to — 
Decide  as  to  lawful  government,  265. 
Interfere,  66,  268. 

Procedure  of  War  Department,  69. 
Proclamations — 
By  Dorr,  268. 

President  re  affairs  in  Rhode  Island,  276. 
Governor's,  suspending  martial  law,  276. 
Tentative,  by  President,  to  be  published  if 

required,  69. 

Remarks  by  President  011  termination  of,  69,  70. 
Reports  on— 
Affairs  in,  273. 
Movements  of  Dorr,  272. 
Strength  of  insurgents  and  position  at  Che 
pachet,  273,  274. 
Representations  to  President  by  de  facto  and 

de  jure  governments,  67. 
Termination,  70. 
President's  decision  cause  of,  72. 


366 


INDEX. 


Dorr,  Thomas  W.,  Leader  of  Rebellion  in  Rhode 

Island. 

Arrest,  conviction,  and  sentence,  70. 
Released  under  act  of  amnesty,  70. 
Claims  election  as  governor  of  Rhode  Island,  60. 
Enlists  men  in  other  States,  67. 
Fortifies  his  force  at  Chepachet,  68. 
Mentioned,  130,  270-272. 
Movements  reported  by  Governor  King,  272. 
Proclamation,.  268. 

(See  Dorr's  Rebellion.) 
Dostle,  Dr.  A.  P.,  Citizen  of  New  Orleans. 
Louisiana  political  disturbances,  135,  299. 
Douglas,  Stephen  A.,  United  States  Senator. 
Report  to  Congress  on  Kansas  troubles,  79. 
Douglass,  H.  Kyd,  Colonel,  Maryland  Militia. 
Aid-de-camp    to  the   governor  of   Maryland, 

193,  319. 

Drum,  B.  C.,  Adjutant-General,  U.  S.  A. 
Instructions  to,  re — 
Protection  of  Chinese,  339. 
Use  of  Federal  troops,  201,  202,  330,  331,  344. 
Reports — 
Situation  at  Chicago,  111.,  201. 

Use  of  Federal  troops  at,  3bO. 
Dudley,  H.  A.  M.,  Brevet  Colonel,  U.  S.  A. 

Labor  disturbances  in  New  Mexico,  338,  339. 
Dunn,  W.  M.,  Judge- Advocate-General,  U.  S.  A. 
Opinion  as  to  use  of  Federal  troops  as  posse 

comitatus,  338. 
Eastport,  Me. 

Fenians  assemble  at  for  invasion  of  Canada,  112. 
Government  seizes  vessel  and  arms  at,  112. 
Eckles,  Delana  II. ,  Chief  Justice  of  Utah. 
Organization  of  court,  294. 

Edgerton, ,  Sheriff,  Coushatta,  La. 

Murdered  during  political  troubles,  152. 
Ellzabethtown,  N.  Y. 
United  States  arsenal  plundered  by  "  Patriots," 

64. 

Elkins,  Stephen  B.,  Secretary  of  War. 
Letter  to  governor  of  Idaho,  re  retention  of 

troops,  346. 

Transmits  President's  proclamation  re  disturb 
ances  at  Coeur  d'Alene,  Idaho,  224. 
Ellenton,  S.  C. 

Riot  at,  and  casualties,  183. 

Ellsworth,   Oliver,    Member    Federal    Constitu 
tional  Convention. 

Debate  on  guaranty  clause  of  Constitution,  18. 
Elmira,  M.  Y. 
Riots  at,  203. 

Embargo  Troubles,  1808,  50,  54. 
Customs  officers,  orders  to  for  seizure  of  sloops, 

54. 

Effect  of  Embargo  Act,  50. 
Letter  to  governors  re  enforcement  of  law,  53. 
Measures  for  suppression,  50. 
Militia- 
Detachments  sent  to  Windmill  Point,  Vt.,  50, 

51. 

Use  in  enforcing  laws,  52,  53. 
Proclamation  by  President,  51. 
Reception  by  opponents  of  embargo  law,  50. 
Town  meetings  protest  against,  50. 
Seizure  ordered  of  sloops  evading  law,  53,  54. 
Smugglers,  arrest  and  punishment,  52. 


Embargo  Troubles,  1808— Continued. 
United  States  troops  substituted  for  militia  to 

enforce  law,  52. 

Emory,  W.  H.,  Brevet  Major-General, U.S.  A. 
Commands  Department  of  Louisiana,  147-157. 
Declares  martial  law  at  New  Orleans,  156. 
Demands  disbandment  of  insurgent  forces, 

156. 
Informs  Adjutant-General  of  conditions  at 

New  Orleans,  307. 
Instructed  to  recognize— 
Governor  Baxter,  Arkansas,  176, 177. 
Governor  Kellogg,  Louisiana,  151. 
Governor  Pinchback,  Louisiana,  305. 
Instructions  to  re  use  of  troops,  306. 
Mentioned,  154,284,306. 
Occupation  of  custom-house,  146. 
Ordered  not  to  interfere  with  peaceable  as 
semblages,  307. 

Prevents  bloodshed  at  New  Orleans,  147. 
Reasons  for  action  in  re  New  Orleans,  157. 
Reports  dispersion  of  armed  forces,  305. 
Requests  instructions  as  to  course  of  proced 
ure,  305. 

Endlcott,  W.  €.,  Secretary  of  War. 
Informs  governor  of  New  Mexico  that  troops 
can  not  be  ordered  out  except  in  accord 
ance  with  Constitution,  222. 
Letters  re  Federal  aid  to — 
Ross,  Edmund  G.,  governor  of  New  Mexico, 

220. 
Squire,  Watson  C.,  governor  of  Washington, 

345. 
Enid,  Okla. 

Troops  sent  to,  235. 
Erie,  Fort,  Canada. 

Taken  possession  of  by  Fenian  invaders,  112. 
Erie  Railroad. 

Suspension  of  operations,  197,199. 
Essex  County,  Mass. 

Quota  for  militia,  14. 

Eustis,  Abram,  Brigadier-General,  U.  S.  A. 
Dorr's  rebellion,  instructed  to  secure  informa 
tion  regarding,  68, 271-272. 
Evans,  —  — ,  United  States  Attorney,  western 

division  of  Texas. 
Report  on  lawlessness  in,  127. 
Evanston,  Wyo. 

Troops  ordered  to,  217. 
Evarts,  William  M.,  Secretary  of  State. 
Attorney-General,  123. 
Opinion  as  to  powers  of  United  States  marshals, 

123. 

Secretary  of  State,  193, 211. 
Withdrawal  of  proclamation  of  martial  law  in 

New  Mexico,  210,211. 
Executive. 

Limitation  of  power  to  use  Army,  188. 
Extradition. 

Provisions  of  Revised  Statutes  relating  to,  8. 
Falrfleld  County,  Ark. 

Martial  law  declared  in,  122. 
Faneull  Hall,  Boston,  Mass. 

Meeting  at,  for  protection  of  fugitive  slaves,  76. 
Farragut,  David  G.,  Commodore,  U.  S.  N. 
Instructions  re  use  of  Federal  naval  forces  92. 
View  as  to  responsibility  for  acts  of  Vigilance 
Committee,  92. 


INDEX. 


367 


Fayette  County,  Pa. 

Designated  as  insurgent,  39. 
Federal  Aid. 

First  call  for,  under  Constitution,  34, 36. 
Method  of  securing,  under  Constitutional  guar 
anty,  257. 

Requests  from  States  for,  34,  66-69,  77,  78,  80-82, 
84,  89,  91,  97, 109,  115, 118, 123, 126, 137, 143- 
146,  148, 150-152, 155, 158-160, 166,  169,  171, 
173, 174, 176, 180, 183, 185, 186, 189, 192,  195, 
199,  200,  201,  203,  204,  206,  207,  211, 214-219, 
222,  223,  225,  232-235,  247,  261,  264-266,  268, 
270,  272-274,  277,  278,  283,  284,  286,  292,  302- 
305,  308-311,  313,  315,  317,  325,  327,  329-331, 
334-337,  342,  344-348. 
Federal  Courts. 

Extension  of  jurisdiction  in  revenue  cases,  58. 
Federalist,  The. 

Organ  of  proconstitutionalists,  21. 
Fenian  Brotherhood. 
Attempted  invasion  of  Canada,  111. 
Objects  and  aim,  111. 
Participation  in  war  of  rebellion,  112. 
(See  Canada,  Fenian  invasion  of.) 

Field, ,  citizen  of  New  Orleans. 

Louisiana  political  disturbances,  135. 
Fifth  Maryland  Yolunteer  Infantry. 

Attacked  by  mob  in  Baltimore,  192. 
Fillraore,  Millard,  President  United  States. 

Proclamation  issued  by,  75. 
Findlay,  William. 

History  of  insurrection  in  Pennsylvania,  41. 
Regarding  Shadrach  case,  75. 
Fish,  Hamilton. 

Secretary  of  State,  156, 177. 
Fitch,  G.  N.,  United  States  Senator. 
Member  of  Senate   committee  to  investigate 

affair  at  Harpers  Ferry,  Va.,  99. 
Flakier,  Daniel  W.,  Major,  U.  S.  A. 

Labor  strike  of  1877,  201. 
Flanders,  B.  F.,  Governor  of  Louisiana. 
Appointment  by  General  Sheridan,  142. 
Florida. 

Appeal  for  Federal  aid  from,  123. 
Declared  in  insurrection,  103. 
Destruction  of  timber,  prevention,  7. 
Government  declared  illegal,  107. 

Reconstruction  accomplished,  108. 
Governor  makes  requisition  for  troops,  152. 
Militia  quota,  62. 
Secession  from  the  Union,  101. 
War  with  Indians,  force  employed  in,  104. 
Floyd,  John  B.,  Secretary  of  War. 
President  Baltimore  and  Ohio  R.  R.  requests 

aid,  296. 

Instructions  re  Utah  expedition,  98. 
Instructions  regarding  Federal  aid  in  Kansas 

disturbances,  82. 

Forblsh,  W.  H.,  Sheriff,  Lee  County,  Ark. 
Appeals  to  President  to  settle  gubernatorial 

controversy,  313. 
Foreign  Powers. 

Apprehension  of  trouble  with,  45. 
Forrest,  Nathan  B.,  Major-General,  C.  S.  A. 
Connection  with  Ku-Klux-Klan. 
Statement  as  to  objects,  116. 
And  strength,  118. 


Fort  Pitt,  Pa. 

Demonstration  against,  34. 
Forsythe,  George  A. ,  Lieutenant-Colonel,  U.  S.  A. 

Commands  expedition  against  Apaches,  214. 
Fort  Wayne,  Ind. 
Railroad  strike  at,  199. 
Riot  at— troops  sent  to,  200. 
Fort  Wayne  Railroad. 

Strike  ordered  on,  228. 
Foster,  John  W. 

Secretary  of  State,  224. 
Fox  Indians. 

Aggressions,  59. 
France. 

Sale  of  Louisiana,  51. 

Francis,  John  Brown,  Citizen  of  Rhode  Island. 
Member  of  commission  seeking  Federal  aid,  66, 

264,  265. 
Franklin  County,  La. 

Outrages  in,  143. 
Franklin  County,  Yt. 

Mass  meeting  in  opposition  to  embargo  laws,  51. 
Militia  ordered  to,  50. 
Franklin,  Tenn. 
Riot  of  July  6,  1867,  114. 
Casualties  in,  114. 
Caused  by  color  differences,  114. 
"Loyal  League,"  discharged  colored  soldiers, 

114. 

Suppressed  by  United  States  troops,  114. 
Freeman,  Watson,  United  States  Marshal,  Boston, 

Mass. 

Applied  to  for  aid,  77. 
Calls  for  Federal  troops,  77. 
Frelinghuysen,  Frederick  T. 

Secretary  of  State,  213. 
French  Directory. 

Decree  against  American  commerce,  effect,  45. 
French,  William  H.,  Colonel,  U.  S.  A. 
Labor  strikes  of  1877,  instructions  to  re,   190, 

193,  194,  317,  318, 320. 

Proclamation  of  warning  to  strikers,  317. 
Reports  to  Adjutant-General,  U.  S.  A.,  191,  318. 
Fries's  Insurrection,  1799. 
Appraisers  of  property,  treatment  of  in  south 
east  Pennsylvania,  43. 
Arrest  and  punishment  of  leaders,  44. 
Attack  on  marshal's  posse,  43,  44. 
Cause  of,  43. 
Domiciliary  visitation,  resistance  to,  in  counties 

of  Pennsylvania,  43. 
Marshal  forced  to  discontinue  execution  of  legal 

process,  44. 
Pardon  for  convicted  leaders  and  participants, 

44,  45. 

Proclamation  by  President  commanding  dis 
persion  of  insurgents,  43. 
Resentment  of  people,  43. 
Termination,  44. 
Fries,  John. 
Organizes  resistance  to  laws  in  Pennsylvania, 

43-45, 

Pardoned  by  the  President,  45. 
See  Fries's  Insurrection. 
Frontier. 
Militia  to  protect  against  Indians,  32, 


368 


INDEX. 


Fusdtlve-slave  Act. 

Indignation  meetings  re,  76. 
Meetings  denouncing,  74. 
Offensive  features  and  effect,  74. 
Fugitive-slave  Iliots. 
Arrest  and  rescue  of  Shadrach,  fugitive  slave,  75 

Escape  to  Canada,  75. 

Arrest  of  Burns  and  return  to  Virginia,  76, 77. 
Arrests  at  Boston  of  fugitive  slaves,  75, 76. 
Attack  on  Boston  court-house,  76. 
Call  for  Federal  aid,  78. 
Case  of  Simms,  fugitive  slave,  75. 

Arrested  and  returned  to  Savannah,  76. 
Counsel  for  Burns  denounces  Government  offi 
cials,  77. 

Disturbances  at  Boston,  76. 
Militia  called  out  by  governor,  77. 
Military  and  naval  forces,  use  in,  77. 
Proclamation  by  President  re  case  of   Shad 
rach,  75. 

Rescues  from  jail  at  Milwaukee,  Wis.,  78. 
Rescues  of  slaves  at  different  places,  75. 
Slave-protection  meeting  at  Faneuil  Hall,  76. 
United  States  troops- 
Called  out,  77. 

Instructions  to,  in  re  Shadrach  case,  75. 
Gaines,  E.  P.,  Captain,  U.  S.  A. 
Arrests  Aaron  Burr,  49. 
Commands  troops  during  Sabine  affair,  60. 
Calls  for  volunteers,  60. 
Occupies  Nacogdoches,  Texas,  60. 
Withdrawal  from  Texas  ordered,  61. 
Gallatin,  Albert. 
Secretary  of  the  Treasury,  50. 
Report  on  embargo  laws,  54  (note). 

Garcia, ,     Lieutenant-Colonel,    Mexican 

Army. 

Commands  Mexican  troops  against  Apache  In 
dians,  214. 

Garland,  A.  H.,  Governor  of  Arkansas. 
Deputy  secretary  of  state,  Arkansas,  174. 
Election  as  governor  contested,  179-181. 
Sustained  by  majority  of  Congressional  com 
mittee,  181. 
Garrett,  John  W.,  President  Baltimore  and  Ohio 

Railroad. 

Requests  Federal  aid,  296. 
Geary,  John  W. ,  Governor  of  Kansas. 
Appointed  governor,  83. 

Directs  disarmament  and  disbandment  of  Kan 
sas  volunteer  militia,  283. 
Informed  that  he  can  not  proclaim  martial  law, 

281. 
Letter  from  Mr.  Marcy  re  conditions  in  Kansas, 

285. 

Notified  of  President's  expectation  re  preserva 
tion  of  peace,  284. 
Notifies— 
General    Smith  that    troop*  are  no  longer 

needed,  286. 
State  Department  of  tranquil  conditions  in 

Kansas,  285. 

President  directs  enrollment  of  militia,  281. 
President's  instructions  to,  83. 
Proclamations- 
Directing  organization  of  Kansas  militia,  282. 
Disbanding  Kansas  volunteer  militia,  282. 
Issued  by,  84. 


Geary,  John  W. — Continued. 
Requests  Federal  aid,  84,  283,  284. 
Requisition  on,  for  two  companies  of  militia, 

284. 

Termination  of  government,  84. 
Troops  remaining  in  Kansas  to  be  reported  to, 

286. 

General  Government. 
Power  to  remove  obstructions  on  mail  routes, 

238. 
General  Grant  National  Park,  (Jal. 

Prevention  of  trespassing,  7. 
Georgia. 

Augusta  disturbances  of  1868,  126. 
Camilla  riot  of  1868,  126. 
Distribution  of  Federal  troops  in,  126. 
Government  declared  illegal,  107. 

Reconstruction  accomplished,  108. 
Governor  forbids  formation  of  armed  organiza 
tions,  126. 

Governor,  R.  B.  Bulloch,  126,127. 
Insurrection  declared  in,  103. 
Ku-Klux  operations  in,  119. 
Militia,  quota  for  Cherokee  disturbances,  62. 
Ratines  Federal  Constitution,  21. 

Position  re  guaranty  clause,  17,  19,  20. 
Secedes  from  the  Union,  101. 
Gerary,  Elbridge,  Member  Federal  Constitutional 

Convention. 

Debate  on  guaranty  clause,  20. 
Gibbon,  John,  Brigadier-General,  U.  S.  A. 
Appealed  to  for  aid,  219. 
Assumes  control  at  Seattle,  Wash.,  221. 
Instructions  to,  re  use  of  Federal  troops,  344. 
Ordered  to  Seattle  to  preserve  peace,  220. 
Gibraltar  Island,  Detroit  River. 

"Patriots"  fortify,  64. 
Glover,  Joshua,  Fugitive  Slave. 
Arrested  at  Racine,  Wis.,  78. 
Rescue  and  escape  to  Canada,  78. 
Goodin,  J.  H.,  Secretary,  Executive  Committee, 

Kansas  Territory. 
Asks  Federal  aid,  278. 
Gordon,  John  B.,  Lieutenant-General,  C.  S.  A. 

Testimony  on  the  Ku-Klux-Klan,  119. 
Gorham,   Nathaniel,    Member  Federal  Constitu 
tional  Convention. 
Debate  on  guaranty  section,  17,  18. 
Grand  Island,  Niagara  River. 

"Patriots "  surrender  arms  on,  64. 
Grant,  Ulysses  S.,  President  United  States. 
Appeals  to,  for  Federal  aid,  173, 186,  302,  303,  304, 

310. 

Attitude  toward  Arkansas  disputants,  173,  175. 
Declines  to  interfere  in  Arkansas  dispute,  181. 
Desire  to  avoid  interference  in  State  affairs,  150. 
Endeavors  to  settle  Arkansas  controversy,  312, 

313. 
General  Sheridan'  sreport  of  riot  at  New  Orleans, 

298. 

Instructions  for  conduct  of  military  in  domestic 
disturbances,  115,  116,  141,  144,  185,  186, 
187, 309. 

Mentioned,  140,  164. 
Position  re  Louisiana  matters,  149. 


INDEX. 


369 


Grant,  Ulysses  S.—  Continued. 
Proclamations- 
Declaring  insurrection  existent  in  Louisiana, 

155. 
Declaring  insurrection  in  several  counties  of 

South  Carolina,  183. 
Declaring  martial  law  in  certain  counties  of 

South  Carolina,  122. 
Ordering  dispersion  of  Arkansas  combatants, 

176,  314. 

Regarding  unlawful  combinations,  122. 
Recognizing  W.  P.  Kellogg  as  governor  of 

Louisiana,  151. 

Recognition  of  lawful  government  by,  130. 
Recognizes  Elisha  Baxter  as  governor  of  Arkan 
sas,  176,  314. 
Remarks — 

As  to  condition  of  Louisiana,  131. 
As  to  interference  of  Federal  troops  in  State 

affairs,  163. 
On  the  legality  of  government  in  Louisiana, 

149. 

Reply  to  Governor  Kellogg's  appeal  for  aid,  158. 
Requested  to  support  Elisha  Baxter,  166. 
Requests  action  by  Congress  as  to  Louisiana 

affairs,  163. 

Action  in  approved  by  Congress,  163. 
Grant  Parish,  La. 

Massacres  in,  131. 

Gray  son,   William,   Member  Virginia   Constitu 
tional  Convention. 

Remarks  on  militia  clause  of  Constitution,  28. 
Great  Western  Railroad. 
Strike  ordered  on,  228. 
Greeley,  Horace. 

Presidential  candidate,  164. 
Greene  County,  Ark. 

Martial  law  declared  in,  125. 
Greene,  Roger  S. ,  Chief  Justice,  Washington  Ter 
ritory. 

Applies  for  Federal  aid,  342. 
Reports  conditions  at  Seattle,  342. 
Gresham,  Walter  (J.,  United  States  Circuit  Judge 

for  Indiana. 

Asks  Federal  aid,  200, 327. 
Reports  situation  at  Indianapolis,  199. 
Secretary  of  State,  231. 
Guano  Islands. 

Rights  of  discoverers,  protection,  10. 
Gulf  States,  Disorders  in. 
Call  for  Federal  aid,  123. 

Declination  by  President  to  interfere  in,  123, 124. 
Documents  re,  123  (note). 
Position  of  General  Government  toward,  123. 
II aim ,  Michael,  ex-Governor  of  Louisiana. 
Character,  300. 

Political  disturbances  in  Louisiana,  299. 
Hamburg,  S.C. 

Riot  of  July  8, 1876,  at,  182. 

Hamilton,  Alexander,  Secretary  of  the  Treasury. 
Advocacy  of  Constitution,  21. 
Opinion  re  position  of  Pennsylvania  State  au 
thorities,  35. 

Hamilton,  John,  Major,  First  U.  S.  Artillery. 
Labor  strikes  of  1877, 198-325. 
Instructions  to,  re  use  of  troops,  325. 


Hammond,  Ind. 

Riot  of  1894  at,  230-232, 407-411. 
Hampshire,  Mass. 

Quota  for  militia,  14. 

Hampton,  Wade,  Governor  of  South  Carolina. 
Gubernatorial  election  contested,  186-187. 
Declared  elected  by  Democratic  members  of 

legislature,  187. 

Government  transferred  to,  187. 
Hancock,  Wlnfleld  S.,  Major-General,  U.  S.  A. 
Assigned  to  command  Fifth  Military  District, 

142. 

Assumes  charge  of  affairs  at — 
Baltimore,  Md.,  193. 
Philadelphia,  Pa.,  195. 

Decision  that  Army  can  not  act  unless  sum 
moned  as  a  posse,  199. 

In  command  of  all  troops  in  Pennsylvania,  324. 
Instructions  to,  re  employment  of  troops   at 

Indianapolis,  Ind.,  328. 
Letter  to  Secretary  of  War  re — 
Control  of  situation  in  domestic  disturbances, 

326. 
Position  of  Federal  troops  in  relation  to  State 

authorities,  322. 
Mentioned,  325. 
President's  instructions  for  conduct  of  affairs  in 

re  labor  troubles,  320,  321,  328. 
Recommends  Governor  Hartranft  be  permitted 
to  demonstrate  his  ability  to  control 
situation,  326. 
Rendering  of  assistance  to  civil  authorities, 

Toledo,  Ohio,  328,  329. 
Replies  to  communication  from  Pennsylvania 

officers,  323. 

Reports  conditions  in  Pennsylvania,  324,  325. 
Requests  information  as  to  disposition  of  troops, 

321. 

Harney,  William  S.,  Major-General,  U.  S.  A. 
Kansas  troubles,  84,  286-287. 
Utah  Expedition,  mentioned  for  command,  94. 
Harpers  Ferry  Affair,  1859. 
John  Brown's  raid,  99-101,296,297. 
Arrests  made  by  Brown,  100. 
Arsenal  and  armory  seized,  99. 

Notification,  296. 

Capture  of  raiders  by  Colonel  R.  E.  Lee,  101. 
Casualties  resulting,  101. 
Characterization  of,  99. 
Citizens  assault  the  raiders'  retreat,  100. 
Documents  re,  296,  297. 
Federal  troops  sent  to,  100. 
President  Baltimore  and  Ohio  R.  R.  requests 

Government  aid,  296. 

Report  by  Governor  Wise  of  action  in  con 
nection  with,  297. 
Senate  committee  investigates,  99. 
Summary  of  investigation,  99. 
Termination,  101. 

Volunteers  assemble  to  capture  raiders,  100. 
Harrington,  S.  R.,  United  States  Attorney,  Ar 
kansas. 

Instructions  to,  regarding  disturbances,  308. 
Harrisburg,  Pa. 
Rescue  of  fugitive  slaves  at,  75. 


8.  Doc.  209 24 


370 


INDEX. 


Harrison,  Benjamin,  Member,  Virginia  Constitu 
tional  Convention. 
Opposes  adoption  of  Constitution,  21. 
Harrison,  Benjamin,  President  United  States. 
Asks  for  Federal  aid  in  Indiana,  200. 
Directs  troops  sent  to  Coeur  d' Alene,  Idaho,  223. 
Labor  strikes  of  1877,  189-205,  315-336. 
Proclamation  re  disturbances  in  Idaho,  224. 
Hartnett,  John. 

Secretary  of  Utah  Territory,  296. 
Hartranft,  John  F.,  Governor  of  Pennsylvania. 
Asks  Federal  aid,  195. 
Mentioned,  194,  197,  326. 

Orders  State  troops  reported  to  General  Han 
cock,  323. 
Transmits  to  President   communication  from 

Pittsburg  committee  of  safety,  325. 
Hartsuff,  Albert,  Assistant  Surgeon,  U.  S.  A. 

Report  on  outrages  in  Louisiana,  139. 
Hastings,  Nebr. 

Disorders  of  1879  at,  211,  268-259. 
Hawkins,  Jacob. 

Returning  officer,  Louisiana  State  election,  135. 
Hawkins,  W.  H.,  United  States  Marshal. 

Asks  Federal  aid  at  Hammond,  lud.,  347. 
Hayes,  Rutherford  B. ,  President  United  States. 
Appeal  to,  for  Federal  aid,  192, 315, 317, 325, 327. 
Directs  issue  of  arms  and  ammunition  to  Ohio 

authorities,  198. 

Instructions  as  to  use  of  Federal  troops  in  aid 
of  civil  authorities,  190,  192, 193, 195, 197, 
201,202,204. 

Message  on  labor  strike  of  1877,  204. 
Proclamations — 

Disturbances  in  West  Virginia,  190. 
Existence  of  domestic  violence  in  Pennsyl 
vania,  196. 

Lawlessness  in  New  Mexico,  208. 
Railroad  troubles  on  Baltimore  and  Ohio,  193. 
Sends  troops  to  St.  Louis,  Mo.,  202. 
Settlement  of  South  Carolina  gubernatorial  con 
troversy,  187. 

Views  as  to  how  Federal  troops  should  be  used, 
197, 204. 

Heirward, . 

Speaker  at  mass  meeting  in  New  Orleans,  135. 

Henderson, . 

Speaker  at  mass  meeting  in  New  Orleans,  135. 
Henry,  Patrick,  Member,  Virginia  Constitutional 

Convention. 

Attitude  toward  Constitution,  20, 21, 24, 27, 28. 
Opposes  adoption,  21. 
Remarks  on  militia  section,  24, 27, 28. 
Herron,  Andrew  J.,  Attorney-General  of  Louisi 
ana. 
Note  to  President  re  conditions  in  New  Orleans, 

135, 140. 

President's  instructions  to,  re  conveDtion,136. 
Removed  by  General  Sheridan,  142. 
Heth,  Henry,  Captaiu,  U.  S.  A. 

Disturbances  at  Provo,  Utah,  97. 
Hoar,  George  F.,  United  States  Senator. 
Chief   justice,  Washington  Territory,    reports 

desperate  conditions  at  Seattle,  342. 
Hocking  Valley  Railroad. 
Strike  on,  198. 


Holland, ,  Supervisor  Red  River  Parish,  La. 

Murdered  during  political  disturbances,  152. 
Holt,  John  E.,  Mayor  of  Norfolk,  Va. 
Asks  Federal  aid  to  suppress  negro  insurrection, 

261. 

Homestead.  Pa. 
Disturbance  of  1892  at,  222. 
Suppressed  by  National  Guard,  222. 
Hornellsville,  N.  Y. 

Riots  at,  203. 
Horseshoe  Canyon,  Ariz. 

Engagement  with  hostile  Apaches  at,  214. 
House,  James,  Colonel,  U.  S.  A. 
Commended    by  President   and    Secretary  of 

War,  262. 
Delivery  of  muskets,  etc.,  to  Virginia  militia, 

262. 
Reports  negro  insurrection  at  Southampton, 

Va.,  261. 
Suppression  of  insurrection  at  Newbern,  N.  C., 

263. 
House,  Levi,  Brigadier-General,  Vermont  Militia. 

Embargo  troubles,  50. 

Houston,  William,  Member  of  Federal  Constitu 
tional  Convention. 
Remarks  on  guaranty  clause,  17. 
Houston,  Samuel,  General,  Commanding  Texan 

Forces. 

Sabine  affair,  61. 

Howard,  0.  O.,  Major-General,  U.  S.  A. 
Anti-Chinese  riots  in  Wyoming,  215. 
Ku-Klux-Klan  troubles,  117. 
Howell,  Richard,  Governor  of  New  Jersey. 

Commands  militia  in  whisky  insurrection,  38. 
Howell,  Rufus  K.,  Judge. 
Louisiana  political  troubles,  133, 137. 

Howell, ,  Attorney,  Red  River  Parish,  La. 

Murdered  during  political  troubles,  152. 
Idaho. 

Documents  relating  to  mining  riots,  345-346. 
Federal  aid  for,  345, 346. 
Governors — 
McConnell,  W.  J.,  291. 
Willey,  Norman  B.,  279,303,306. 
Militia,  223. 

Railroad  strikes  of  1894— 
Complication  of  situation  by  strikes  and  vio 
lence  of  miners,  233. 
Court  orders  discharge  of  strikers,  234. 
Federal  troops  guarding  mines,  233. 
Governor  requests  Federal  aid,  233. 
Retention  of  troops  in,  346. 
Rioting  at  Coeur  d' Alene   mines,  222-225,  246- 

253. 

Illinois. 

Applications  for  Federal  aid,  329,330,331. 
Governor,  S.  M.  Cullom,  201,329-331. 
Indian  aggressions,  59. 
Instructions  for  use  of  Federal  troops  in,  319, 

330,  331. 

Labor  strikes  of  1877,  200-202,  330-331. 
Militia,  201,229. 

Railroad  strikes  of  1894,  228-231. 
Independence,  Fort,  Massachusetts. 

Call  for  posse  from,  77. 
Indian  Affairs,  Superintendent  of. 
Power  to  remove  trespassers,  6. 


INDEX. 


371 


Indian  Agents. 

Power  in  re  trespassers  in  Indian  country,  6. 
Indian  Country. 

Arrest  of  criminal  refugees  6. 
Indian  Territory. 

Rioting  in  and  cause,  235. 
Indiana. 
Governors — 

Claude  Matthews,  347,  348. 
James  D.  Williams,  200,  327. 
Labor  strikes  of  1877,  199. 
Federal  troops  sent  to  for  protection  of  prop 
erty,  199,  200. 

Governor  requests  Federal  aid,  199,  200. 
Incapacity  of  State  authorities,  199. 
Riot  at  Fort  Wayne,  200. 
Troops  disperse  rioters  at  different  points,  200. 
Militia,  231,  232. 

Riot  of  1894  at  Hammond,  230-232,  347, 348. 
Call  for  Federal  aid,  232. 
Destruction  of  property  by  mob,  232. 
Federal  troops  sent  to,  232. 
Attacked  by  strikers,  232. 
Fire  on  mob,  230. 
National  Guard  in  field,  231,  232. 
Order  is  restored,  232. 
Position  and  importance,  231. 
Indianapolis,  Ind. 

Labor  strikes  of  1877  at,  199-200,  327-328. 
Blockade  of  traffic  at,  199,  231. 
Federal  troops  sent  to,  194. 
Instructions  for  use  of  Federal  troops  at,  328. 
Request  for  Federal  aid,  327. 

Secretary  of  War's  reply  to,  328. 

Situation  at  becomes  critical,  199. 

Indianapolis  and  St.  Louis  Railroad. 

Strike  on,  198. 
Indians. 

Arrest  of  offenders,  how  procured,  6. 
Black  Hawk  war,  59. 
Cherokee  troubles,  61,  62. 
Outrages  in  Arizona,  212-214. 
Predatory  bands  in  California  and  Oregon,  74. 
Sections  of  Revised  Statutes  applicable  to,  6. 
Seminole  troubles,  61. 
Uprising  of  1786,  15. 
Insurrection. 
Definition,  258  (note). 

Use  of  United  States  forces  or  militia  in  sup 
pression,  9. 

Insurrection  in  a  State. 
Opinion  of  Attorney-General  as  to  employment 

of  Federal  forces  to  suppress,  289. 
Interior,  Secretaries  of. 
Lamar,  L.  Q.  C.,  276. 
Smith,  Hoke.,  235. 
Invasion. 

Protection  against,  32. 
Iowa. 

Boundary  dispute  of  1839,  64. 
Caused  by  Missouri's  encroachments,  65. 
Use  of  militia  to  settle,  65. 

Recognized  by  Congress,  65. 
Irvin,  William,  Governor  of  California. 
Asks  for  Federal  aid  and  arms,  335. 
President  directs  apply  for  arms  to  General 
McDowell,  335. 


Irvine,    William,    Major-General,   Pennsylvania 

Militia. 
Commanding  militia  in  whisky  insurrection, 

42. 

Jackson,  Andrew,  President  United  States. 
Disavowal  of  General  Gaines's  conduct,  61. 
Message  to  Congress  re  dangers   of   Regular 

Army,  59. 
Proclamation,  intention  to  enforce  tariff  laws, 

57. 

Reception  by  people  of  South  Carolina,  58. 
Jackson  Parish,  La. 

Political  murders  in,  131. 
Jay,  John. 
Advocacy  of  adoption  of  Federal  Constitution, 

21. 

Jefferson,  Thomas,  President  United  States. 
Authorized  to  use  Federal  troops  to  enforce 

embargo  laws,  52. 
Decides  to  crush  rebellion,  50. 
Letter  to  governors  of  States  re  enforcing  em 
bargo  laws,  53. 
Mentioned,  46. 

Message  to  Congress  on  embargo,  54. 
Orders  seizure  of  sloop  in  OccoquanBay,Va.,54. 
Position  re  Constitution,  21. 
Proclamations — 
Burr's  conspiracy,  47. 
Enforcement  of  embargo  laws,  51. 
Jeffersonville,  Ind. 

Federal  troops  sent  to,  199. 
Johnson,  Andrew,  President  United  States. 
Calls  on  General  Sheridan  for  report  re  New 

Orleans  riot,  298. 

Decides  on  nonintervention  in  Tennessee,  117. 
Declares  insurrection  in  States  at  an  end,  103. 
Declines  to  interfere  in  Georgia  and  Alabama, 

123. 

Instructions  re  use  of  military  in  Louisiana,  136. 
Mentioned,  136,  137. 
Message  re  convening  of  convention  at  New 

Orleans,  135. 
Proclamation  regarding  prevention  of  unlawful 

expeditions  from  United  States,  113. 
Proclamations,  127,  139. 

Recognizes  Pinchback  as  governor  of  Louisi 
ana,  148. 
Statement  re  military  interfence  in  Louisiana, 

135. 

Johnson,  J.  M. 
Communication  to,  from  Arkansas  legislature, 

311. 

Secretary  of  state,  Arkansas,  174. 
Johnson,  J.  Neely,  Governor  of  California. 
Asks  for  Federal  aid,  89. 
Calls  out  militia,  288. 
Censured  by  Commodore  Farragut,  93. 
Proclamations — 
Declaring  San  Francisco  in  insurrection,  288. 

Revoking  above,  289. 

Request  to  General  Wool  for  arms  and  ammu 
nition,  88. 

Johnston,  Albert  Sidney,  Colonel,  U.  S.  A. 
Assigned  to  command  Utah  expedition,  94. 
Brigham  Young  orders  from  Utah,  94. 
Mentioned,  97. 


372 


INDEX. 


Johnston,  Albert  Sidney— Continued. 
Proclamations — 

Assurance  of  protection  to  people  of  Utah,  295. 
Restoration  of  peace  in  Utah,  96. 
Refuses  to  withdraw  troops,  97. 
Secretary  of  War's  instructions  to,  94,  98. 
Strength  of  expedition,  95. 
Johnston,  William  G.,  Chairman  Committee  of 

Safety,  Pittsburg,  Pa. 
Asks  for  army  officer  to  take  charge  of  situation 

in  city,  325. 
Johnstown,  Pa. 
Opposition  to  Federal  troops  at,  198,  205. 

Jones, ,  Telegraph  Operator. 

Informs  of  capture  of  arsenal  at  Harpers  Ferry, 
296. 

Jones, ,  Colonel,  One  hundred  and  fifteenth 

Virginia  Militia. 

Arms  delivered  to,  to  suppress  negro  insurrec 
tion,  262. 

Jones,  Roger,  Adjutant-General  U.  S.  A. 
Directs  use  of  troops  to  suppress  negro  insurrec 
tion,  262. 
Expresses  to  Colonel  House  commendation  of 

President  and  Secretary  of  War,  262. 
Reports  to,  of  negro  insurrections  in  Virginia, 

261,  262. 
Jones,  Samuel  J.,  Sheriff. 

Disturbances  in  Kansas,  283. 
Judge- Advocate-General,  U.  S.  A. 
Opinion  that  the  Constitutional  guaranty  ap 
plies  not  to  Territories,  206. 
Views  as  to  authority  of  sheriff  or  State  officers 

in  re  use  of  United  States  troops,  206. 
Kansas. 
Governors- 
Geary,  John  W.,  83,  84,  281-286. 
Reeder,  A.  H.,  79,  80. 
Shannon,  Wilson,  80-83,  277-281. 
Walker,  Robert  J.,  84,  286,287. 
Woodson,  Daniel,  83,  282,  283. 
Troubles  of  1856-1858,  79-8-5,  277-288. 
Anti-slavery  convention  demands  admission 

to  Union,  80. 

Frames  Constitution  for  State,  80. 
Assurance  pf  Federal  aid,  80,  278. 
Caused  by  slavery  and  anti-slavery  settlers, 

79. 

Collisions  at  Black  Jack  and  Osawatomie,  83. 
Directions  for  disarmament  and  disbanding 

militia,  283. 

Enrollment  of  militia,  281. 
Disbandment  of  pro-slavery  forces,  84. 
Disturbances  due  to  admission,  84. 
Documents  re,  277-288. 
Election  of  pro-slavery  Territorial  legislature, 

80. 

Relations  with  governor,  80. 
Enrollment  of  posse,  83. 
Federal  aid,  requests  for,  80, 81, 82, 84,  277, 278, 

283,  284,  286. 

Federal  troops.deterrent  effect  of  presence,  85. 
Freesoil  party- 
Attacked  by  Secretary  Woodson,  83. 
Commanded  by  John  Brown,  83. 
Governor  informed  that  he  can  not  proclaim 
martial  law,  281. 


Kansas— Continued. 
Troubles  of  1856-1858— Continued. 
Improvement  in  conditions,  84. 
Instructions  for  use  of  Federal  troops,  82,  280, 

281,  287. 

Instructions  of  President  to  governor,  83,280. 
Invasion  by  Missourians,  81. 
Notification  of  tranquil  conditions,  285. 
President's  expectation  re    preservation    of 

peace,  284. 

Proclamations  issued  by  governors,  84,  282. 
Proclamations  by  President,  81,  82,  279,  280. 
Rebellion  at  Lawrence,  80-85. 
Reign  of  terror  inaugurated,  80. 
Remarks  by  Senator  S.  A.  Douglas  on,  79. 
Report  on  conditions  at  Franklin,  283. 
Request  for  militia,  284. 
Retention  of  troops  in,  286. 
Kautz,  A.  V.,  Brigadier-General,  U.  S.  A. 
Military  governor  of  New  Orleans,  139. 
Kelley,  William  D.,  Member  of  Congress. 

Riots  at  Mobile,  Ala.,  113. 
Kellogg,  William  Pitt,  Governor  of  Louisiana. 
Abdication  of  government  demanded,  153. 
Appeals  for  Federal  aid,  155. 
Declines  to  abdicate,  153. 
Mentioned,  160. 

Nominated  for  governor  of  Louisiana,  147. 
President's  recognition  approved  by  Congress, 

163. 

Recognition  by  Federal  authorities,  156,  307. 
Resumes  functions  as  governor,  158. 
Takes  oath  of  office,  150. 
Threats  to  depose,  161. 
Kent,  James,  American  Jurist. 

Views  as  to  guaranty  of  State  rights,  92. 
Kentucky,  State  of. 
Militia  furnished  in  Sabine  affair,  60. 
Refuses  to  furnish  militia  quota,  105. 
King. ,  Member,  Louisiana  State  Constitu 
tional  Convention. 
Character,  300. 
King,  James,  Editor. 

Murdered  at  San  Francisco,  86,  87. 
King,  Samuel  W.,  Governor  of  Rhode  Island. 
Appeals  for  Federal  aid,  66,  67,  68,  264,  265,  270, 

272. 
Appoints  committee  to  confer  with  President, 

264,  265. 

Dispersal  of  insurgents,  67. 
Mentioned,  274,  275. 
President  denies  request  for  Federal  aid,  266, 

268. 

Proclamations  suspending  martial  law,  276, 277. 
Report  to  President  of  state  of  affairs,  270,  272. 
Knox,  Henry,  Secretary  of  War. 

Opinion  as  to  position  of  Governor  Mifflin,  35. 
Kramer,  Frederick,  Mayor  of  Little  Rock,  Ark. 
Requests  Federal  protection  for  city,  169,  308. 
Ku-Klux-Klan. 
Operations  of  the  organization,  1866-1872,  116- 

122. 

Call  for  Federal  aid  against,  118. 
Causes  for  organization,  116. 
Cessation  of  operations,  119. 
Connection  of  General  Forrest  with,  111). 
Extension  of  operations,  117. 


INDEX. 


373 


ivu-Ivlux-Klan— Continued. 
Operations  of  the  organization,  1866-1872— Con. 
Extract  from  report  of  General  Thomas  re, 

117. 

General  Forrest's  statements  re,  116. 
Governor  calls  out  State  troops,  117. 
Martial  law  declared,  118. 
Mentioned,  182. 

Operations  in  different  States,  119. 
^  Operations  in  Tennessee,  117. 

Outrages  committed  by,  119. 
Position  of  Federal  authorities,  117. 
Proclamations  against,  118. 
State  militia  called  out,  118. 
Statement  by  General  Gordon  re,  119. 
•*••  Strength  of,  118. 

Labor  Strikes  of  1877,  189-205,  315-336. 
Causes,  189. 
Commencement,  189. 
Documents  re,  315-336. 
Other  points  affected  by,  203. 
Rendering  of  assistance  to  civil  authorities  of 

Toledo,  Ohio,  328,  329. 
Use  of  Federal  troops,  189. 
Lafayette  County,  Ark. 

Martial  law  declared  in,  125. 
Lake  Shore  Railroad. 

Strike  ordered  on,  228. 
Lamar,  L.  Q.  C.,  Secretary  of  the  Interior. 
Correspondence  with  Watson  C.  Squire,  gov 
ernor  of  Washington,  276. 
Lamont,  Daniel  S.,  Secretary  of  War. 
Instructions  for  use  of  troops  at  Denver,  Colo., 

226. 
Instructions  for  troops  to  enforce  mandates  of 

U.  S.  court,  234. 
Letters  re  Federal  aid  to — 
Matthews,  Claude,  governor  of  Indiana,  348. 
Thornton.  W.  T.,  governor  of  New  Mexico,  234. 
Lancaster  County,  S.  C. 

Martial  law  declared  in,  122. 
Lane,  J.   H.,   Chairman  Executive  Committee, 

Kansas  Territory. 
Demand  for  Federal  aid,  278. 
Laurens,  S   C. 
Martial  law  declared  in,  122. 
Riot  of  October  20,  1870,  at,  119. 
Causes,  119. 

Organization  of  colored  militia,  119. 
Law,  Enforcement  of. 
Employment  of  troops  in,  5-12. 
Arrest  of  criminal  refugees  in  Indian  coun 
try,  6. 
Discoverers  of  guano  islands,  protection  of 

rights,  10. 

Domestic  violence,  suppression  of,  9. 
Extradition,  provision  of  Revised  Statutes  in 

re,  8. 
Indian — 

Hostilities,  prevention  or  termination,  6. 
Lands,  trespassing  on  and  prevention,  6. 
Offenders,  arrest  of,  how  procured,  6. 
Insurgents,  authority   of    President   to   dis 
perse,  5. 
Insurrection,  suppression,  9. 


Law,  Enforcement  of — Continued. 
Employment  of  troops  in — Continued. 
Mails- 
Passage,  obstructing  or  retarding,  punish 
ment,  9. 

Robbing  or  interruption,  prevention,  11. 
Military  force,  detention  of  persons  by,  6. 
Military  roads  and  postal  routes,  10. 
Militia,  when  may  be  called  out  by  Presi 
dent,  9. 
Mob  violence,  government  of  troops  in  action 

against,  12. 
Neutrality,  violation,  punishment,  8. 

Procedure  in  re  foreign  vessels,  8. 
Officer  of  Army,  when  may  use  troops  to  pre 
serve  order,  etc.,  11. 
Peonage,  abolishment  of,  6. 
Posse  comitatus,  use  of  troops  as,  11 . 
Public  lands- 
Occupation,  laws  relating  to,  7. 
Prevention  of  trespassing,  7. 
Unlawful  inclosures,  removal  or  destruc 
tion,  7. 

Validity  of  title,  7. 

Punishment,  to  whom  properly  pertains,  12. 
Quarantine  laws,  execution  of,  8. 
Trade  and  commerce,  protection  against  re 
straints  and  monopolies,  9. 
Vessels  or  cargo,  detained,  unlawful  to  take 

from  customs  officer,  10. 
Warrants  and  other  processes,  appointments 

for  service,  5. 
Lawful  (Government. 

How  determined,  148,  150. 
Lawrence,  Kans. 

Violence  at,  80-85. 
Lee,  Henry,  Governor  of  Virginia. 
Commanding  troops  in  whisky  insurrection,  37. 
Influence  of  presence,  41. 
Instructions  of  President  to,  39. 
Lee,  Richard  Henry,  Member  Virginia  Constitu 
tional  Convention. 
Opposes  adoption  of  Constitution,  21. 
Lee,  Robert  E.,  Lieutenant-Colonel,  U.  S.  A. 

Commands  troops  at  Harpers  Ferry,  100, 101, 297. 
Lehlgh  County,  Pa. 

Resistance  to  domiciliary  visitation,  43. 
Lennox,  David,  United  States  Marshal,  District  of 

Pennsylvania. 
Whisky  insurrection,  35, 36. 
Seized  by  insurrectionists,  35. 

Release  and  flight,  36. 
Lentz,  John  J.,  Member  of  Congress. 
Resolution  to  investigate  conduct  of  Army  in 

Idaho,  252, 253. 

Lincoln,  Abraham,  President  United  States. 
Conditions  existing  at  first  inauguration,  101. 
First  reconstruction  proclamation,  107. 
Mentioned,  112. 
Message  regarding  secession  of  Southern  States, 

107. 
Power  invested  in,  for  suppression  of  rebellion, 

106. 
Proclamation  declaring  insurrection  in  certain 

States,  103. 

Restoration  of  rights  to  secessionists,  107. 
War  of  the  rebellion,  101-106. 


374 


INDEX. 


Lincoln,  Benjamin,  Major-Goneral,  Massachusetts 

Militia. 

Commanding  troops  in  Shays's  rebellion,  13-15. 
Dispersion  of  insurgents,  15. 
Instructions  to,  14. 
Lincoln  County,  N.  Mex. 
Anarchy  existent  in,  206. 
Peace  secured  by  Army,  209. 
Lincoln,  Robert  T.,  Secretary  of  War. 
Called  on,  by  House  of  Represensatives  for  infor 
mation   regarding   protection   against 
Indians,  of  people  in  Arizona,  212. 
Recommends  increase  of  Army,  212. 
Little  Kiver  County,  Ark. 

Martial  law  declared  in,  125. 
Little  Kock,  Ark. 
Rioting  at,  174. 

Brigadier-General  Dockery  announced  as  mili 
tary  governor  of,  168. 
Disturbances,  166-174. 
Federal  troops  quell  disturbance  in,  172. 
First  conflict  at,  172. 

Governor  Baxter  takes  possession  of,  168. 
Mayor  asks  Federal  aid,  166,  169. 
Occupied  by  Federal  troops,  170. 
Loco,  Apache  Chief. 

Arizona  outrages  attributed  to,  214. 
Longstreet,  James,  Lieutenant-General,  C.  S.  A. 
Commands   metropolitan    police  of   New  Or 
leans,  154. 

Commands  Louisiana  State  Militia,  148. 
Election  returns  officer  for  State  of  Louisiana, 

303. 

Militia  refuses  to  obey  him.  148. 
Loring,  Edward  0.,  United  States  Commissioner. 

Anthony  Burns  riots,  76,  77. 
Louisiana. 

Declared  in  insurrection,  103. 
Government  declared  illegal,  107. 

Reconstruction  accomplished,  108. 
Governors- 
Flanders,  B.  F.,  142. 
Kellogg,  William  Pitt,  147, 150, 1SI,  r.5, 156, 158, 

160,  161,163,307. 

Pinchback,  P.  B.  S.,  147,148,149,302-305. 
Warmoth,  Henry  C.,  142-149,303-306. 
Wells,  J.  Madison,  132-135,141,142. 
Wilkinson,  Gen.  James,  46-50. 
Negro  insurrection,  1831,  56,  261-264. 
Organization  of  State  government,  107. 
Political  disturbances  of  1866-1876  in,  130-163. 
Abdication    of     Kellogg     government     de 
manded,  153. 

Accessions  to  Penn  forces,  155. 
Affair  of  January  4,  1875,  at  New  Orleans,  159. 
Attitude  of  insurgents  toward  Federal  troops, 

131. 

Attitude  of  Federal  authorities,  132. 
.    Casualties  resulting  from,  131, 139. 
Cessation  of  exercise  of  military  authority,  143. 
Conflict  at  Colfax,  150. 
Conflicts  at  various  points,  145. 
Congressional  committee — 
Recommends    establishment    of    military 

government,  142. 
Report  on  riot  at  New  Orleans,  138, 142. 


Louisiana— Continued. 

Political  disturbances  of  1866-1876  in— Cont'd. 
Constitutional  convention  of  1864— 
Arrests  of  members,  140. 
Assembly  of,  135. 
Declared  unlawful,  133. 
Instructions  of  President  re  convening,  136. 
Intentions  of  State  authorities  toward,  133, 

134. 

Major-General   Baird's  opinion  as  to  pro 
cedure  of  State  authorities  against,  134. 
Members  indicted  by  grand  jury,  133. 
President  calls  for  explanation  for  conven 
ing  of,  135. 
Reply  to,  136. 

Proposed  reassembling,  132. 
Responsibility  for  riots  placed  upon,  141. 
Coushatta  tragedy,  152. 
Disbandment   of   insurgents   demanded    by 

military  commander,  156. 
Disorders  in  Red  River  Parish,  152. 
Dispersion  of  armed  forces  reported,  305. 
Disturbances  in  St.  Martin  Parish,  151. 
Documents  relating  to,  132,  147,  148,  150,  152, 

158,  298. 

Effects  of  riot  on  business,  etc.,  141. 
Federal  troops — 

Distribution  to  preserve  order,  154. 
Moral  effect  of  presence,  144. 
Take  possession,  137,  139,  150,  155. 
To  assist  governor  in  reestablishing  State 

government,  135,  157. 

Instructions  to  Federal  military  command 
ers,  136, 140, 141, 144, 158, 300-307. 
Insurrection  declared  to  exist  in,  155. 
Kellogg   government   recognized    by  Presi 
dent,  151,156. 

Martial  law  declared,  139, 156. 
McEnery  legislature  arrested  by  opposition 

police,  150. 
Military  government  temporarily  established, 

142. 

Militia- 
Called  out  by  governor,  148. 

Refuses  obedience,  148. 
Called  out  by  Lieutenant-Governor  Penn, 

153. 

Response  to  call,  154. 
Supports  Warmoth  government,  148. 
Surrenders  to  Federal  troops,  148. 
Nonintervention  of  Federal  Government  re 
quested,  148, 150, 154,  303, 304, 306. 
Other  causes,  133. 
Outrages  in  Franklin  County,  143. 
People  refuse  to  pay  taxes  to  Kellogg  govern 
ment,  151. 

Political  murders  in  various  parishes,  131. 
Position  of  President  re  affairs,  149-150. 
Proclamations  by — 

Ex-speaker,  house  of  representatives,  147. 
Governor,  calling  for  preservation  of  order, 

145. 

Lieutenant-Governor  Penn,  153. 
Protest  against  Federal  military  interference, 

135. 
Reply  of  President  to,  135. 


INDEX. 


375 


Louisiana — Continued. 

Political  disturbances  of  1866-1876  in— Cont'd. 
Recognition  of  Pinchback  by  President,  304. 
Reign  of  terror  inaugurated,  152. 
Remarks  of  General  Grant  on  conditions  in, 

131. 

Removal  of  civil  officials,  141,  142. 
Report  of  conditions  at  New  Orleans,  307. 
Reports  of  riots  at  New  Orleans  and  causes, 

138,  140,  141,  298,  299. 
Request  for  Federal  aid,  137,  143-146,  148,  150, 

151,  155,  158,  302-305. 
Restoration  to  Statehood,  143. 
Resumption  of  civil  government,  158. 
Returning  board,  John  Lynch  recognized  as, 

148-149. 

Rioting  commenced,  138. 
Riots  at  New  Orleans — 
July  30,  1866,  causes,  132, 143. 
July  30,  1871-72,  146. 
September  14,  1874,  153-159. 
Rival  claimants  take  oath  of  office,  150. 
Rival  legislatures  meet  and  organize,  148, 150. 
Sentiment  of  community  re,  140. 
State  authorities  defer  taking  charge  of  af 
fairs,  157. 

State  property  surrendered  to  Federal   com 
mander,  156.  157. 
United  States  marshals,  relation  to  military 

commanders  denned,  301. 
Purchased  from  France,  51. 
Requisition  for  militia  in  Sabine  affair,  60. 
Secession  from  the  Union,  101. 
Threatened  revolt  of  slaves,  56. 
Louisiana  Territory. 
Cession  to  United  States,  45. 
Validity  of  title  to  lands  in,  7. 
Louisville,  Colo. 

Anti-Chinese  strike  at,  218. 
Lovering,  Abraham,  Citizen  of  Bethlehem,  Pa. 

Fries' s  insurrection,  44. 
Lowe,  P.,  ex-Governor  of  Arkansas. 

Letter  to,  from  legislature,  311. 
Lowe,  Thomas  J.,  Acting  Governor,  Territory  of 

Oklahoma. 
Asks  Federal  aid,  235. 
Lowell,  Charles  W.,  Speaker,  Louisiana  House  of 

Representatives. 
Transmits  to  President  resolution  requesting 

aid,  302. 

Loyal  Leagues.     (See  Ku-Klux-Klan.) 
Ludingtou,  Harrison,  Governor  of  Wisconsin. 
Request  for  authority  to  use  old  soldiers  to  sup 
press  insurrection,  334. 
Denied  by  Secretary  of  War,  334. 
Luther,  Martin,  Dorr  Partisan. 
Suit  against  State  for  trespass,  70. 

Decision  of  Supreme  Court  in,  55. 
Lynch,  John. 
Chairman  election  board,  State  of  Louisiana, 

149. 
Declares  election  of  W.  P.  Kellogg  as  governor, 

148. 

Macomb,  Alexander,  Brigadier-General,  U.  S.  A. 
Reference  to  negro  insurrections,  56. 


Madison,  James,  President  United  States. 
Member  of  Federal  Constitutional  Convention- 
Debate  on  Constitution,  17, 18. 
Member  of   Virginia   constitutional    conven 
tion — 
Debate  on  adoption  of  Constitution,  21, 22, 23, 

28. 

Opposition  to  standing  army,  22,  23. 
Secretary  of  State,  47,  51. 
Views  re  national  defense  carried  out,  33. 
Mails. 

Obstructing  or  retarding  passage,  punishment,  9. 
Robbery  or  interruption,  prevention,  11. 
Malone,  N.  1. 
Fenians  assemble  at,  112. 

Maloney, ,  California  State  official. 

Arrested  by  vigilance  committee,  91. 
Marcy,  Randolph  «.,  Captain,  U.  S.  A. 

Utah  Expedition,  96. 

Marcy,  William  Learned,  Secretary  of  War. 
Communicates  to  governor  of  Kansas  the  Presi 
dent's  expectations  re  preservation  of 
peace,  284. 

Directions  for  enrollment  of  Kansas  militia,  281. 
Furnishes  copyof  President's  proclamation,  280. 
Informs  governor  of  California  President  can 

not  interfere,  90. 

Informs  Governor  Geary  that  he  can  not  pro 
claim  martial  law,  281. 
Governor  of  New  York,  64,  75. 
Letter  to  governor  re  conditions  in  Kansas,  285 
Notiiied  of  tranquil  conditions  in  Kansas,  285. 
Secretary  of  State,  82, 84, 90, 280, 281, 284, 285. 
Marines,  United  States. 

Cooperation  with  land  forces,  100,  192. 
Marion  County,  S.  C. 

Martial  law  declared  in,  122. 
Marshall,  John,  Member  Virginia  Constitutional 

Convention. 

Advocacy  of  Constitution,  21. 
Martin,  James  P.,  Lieutenant-Colonel,  U.  S.  A. 
Martin,  Luther,  Member  Federal  Constitutional 

Convention. 

Advocacy  of  Constitution,  21. 
Debate  on  guaranty  resolution,  17. 
Remarks  on  employment  of  militia,  18,  20. 

Martin, . 

Sheriff,  Adams  County,  Nebr.,  211. 
Martinsburg,  W.  Va. 
Labor  strikes  of  1877  at,  189-191,  315. 
Federal  troops  ordered  to,  190. 
Governor  asks  Federal  aid,  189. 
Labor  troubles  commence  on  Baltimore  and 

Ohio  Railroad,  189. 
Militia— 
And  police  powerless  to  cope  with  strikers, 

189. 

Fired  upon  by  strikers,  189. 
Incapacity  of,  189. 
Proclamation  by  President  re,  190. 
Strike  moves  eastward  from,  191. 
Untangling  of  blockade,  191. 
Maryland. 

Attitude  toward  Constitution,  20. 
Concentration  of  troops  at  Cumberland, 
First  requisition  on,  for  troops,  37. 
Governor  John  Lee  Carroll,  192,  193,  317-319. 


376 


INDEX. 


Maryland— Continued. 
Militia,  53,  54,  192. 
Negro  insurrection  of  1831,  56. 
Position  in  re  guaranty  resolution,  17,  19,  20. 
Ratifies  Federal  Constitution,  21. 
Riot  of  1877  at  Baltimore,  191-194,  318-320. 
Federal  troops  ordered  to,  320. 
Governor  requests  Federal  aid,  317. 

Promise  of  Federal  aid  to,  318. 
Report  by  governor  of  situation,  319. 
Instructions  to  military  commander,  318,  319, 

320. 

Threatened  revolt  of  slaves,  56. 
Mason,  George. 

Member  Federal  Constitutional  Convention. 
Debate  on  guaranty  resolution,  17. 
Opposition  to  Constitution,  20. 
Member  Virginia  Constitutional  Convention, 

18-19. 

Remarks  on  militia  section,  21. 
Opposed  to  standing  army,  22. 
Mason,  J.  M.,  U.  S.  Senator. 
Member  of   Senate  committee  to  investigate 

affair  at  Harpers  Ferry,  Va.,  99. 
Massachusetts. 
Anthony  Burns  riots,  75-77. 
First  insurrection-in,  13. 

Militia  called  out,  13,  14. 
Governor  James  Bowdoin,  13-15. 
Militia,  14,  77. 

Position  toward  guaranty  clause  of  Constitu 
tion,  17,  19. 

Ratines  Federal  Constitution,  20. 
Shadrach  case,  1851,  75. 
Shays's  rebellion,  1786-1787,  13-15. 
Simm's  case,  75,  76,  89-91. 
Use  of  Federal  troops  during  commotion,  30. 
Mathews,  Henry  M.,  Governor  of  West  Virginia. 
Asks  Federal  aid  to  suppress  labor  troubles, 

189,  315. 
Matthews,  Claude,  Governor  of  Indiana. 

Asks  for  Federal  aid,  347,  348. 
McChesney,  R.  W.,  Member  Arkansas  Legislature. 

Declares  for  Baxter,  312. 
McClurg,  James,  Member  Federal  Constitutional 

Convention. 

Debate  on  guaranty  clause,  17. 
McConnell,  William  J.,  Governor  of  Idaho. 

Asks  for  Federal  aid,  233. 
McCook,  Alexander  McD. ,  Brevet  Major-General, 

U.  S.  A. 
Escorts  Chinese  consuls  to  scene  of  anti-Chinese 

outrages,  217. 
Instructions  to,  re  use  of  troops  in  New  Mexico, 

234. 

Orders  troops  to  Salt  Lake  City,  Utah,  as  a  deter 
rent  factor,  214. 
Requested  by  governor  of  Colorado  to  furnish 

aid,  225. 

Reply  thereto,  225. 
Requests  return  of  Colorado  National  Guard  to 

armory,  225. 

Refused  by  governor,  226. 

Sends  guard  to  secure  delivery  to  court  of  Mor 
mon  President  George  G.  Cannon,  214. 
Withdraws  troops  from  Denver,  Colo.,  227. 


McCrary,  (Jeorgc  W.,  Secretary  of  War. 
Assures  governor  of  Maryland  of  aid  in  sup 
pressing  riot,  192,  318. 

Communicates  President's  instructions  to  Gen 
eral  Hancock,  195. 

Communication  from  General  Hancock  re  con 
trol  of  situation  in  domestic  insurrec 
tions,  326. 

Directions   for    guidance    of     military    com 
mander,  316. 
Governor  of — 
Illinois  inquires  if  troops  are  to  be  sent  to 

Chicago,  329. 
West  Virginia  makes  statement  of  conditions, 

315,  328. 
Informs— 
Governor  of  Indiana  of  uses  to  which  Federal 

troops  may  be  put,  200. 

Mayor  of  Philadelphia  of  Department's  in 
tentions,  321. 
Instructions  as  to  use  of  troops,  202,  209,  316, 318, 

319,  324,  328,  331,  337. 
Remarks  on  use  during  1877  of  Federal  troops 

in  suppressing  disturbances,  205. 
Remarks  on  use  of  Army  as  a  posse  comitatus, 

210. 

Reply  to  governor  of— 
Indiana's  appeal  for  aid,  328. 
West  Virginia's  request  for  aid,  315. 
Report  by  mayor  of  Philadelphia  of  conditions 

at  Buffalo,  N.  Y.,  320. 
Reports,  210,  266. 

Sidney  Dillon  asks  what  military  protection 
can  Government  afford  the  Union  Pa- 
cine  Railroad,  331. 

McDowell,  Irwln,  Major-General,  U.  S.  A. 
Labor  strikes  of  1877,  335. 
Political  disturbances  in  Louisiana,  159,  306. 
McEnery,  John. 

Adjudged  elected  Governor  of  Louisiana,  147. 
Advises  people  to  submit  to  General  Govern 
ment,  152. 
Contests  the  election  of  Governor  Kellogg  of 

Louisiana.  147. 

Enumerates  reasons  for  opposing  Kellogg  gov 
ernment,  157. 
Letter  to  Colonel  Brooke  surrendering  State 

property,  157. 
Mentioned,  148, 153, 305. 
Nominee  for  governor,  147. 
Recognized  by  mass  meeting  as  governor,  153. 
Surrenders  State  property  to  General  Emory, 

156. 
Requests  suspension  of  action  by  President, 

148, 304. 

Takes  oath  of  office,  150. 
McHenry,  Fort,  Md. 

Troops  ordered  from,  in  connection  with  domes 
tic  disturbances,  100, 190, 316. 
McMillan,  James,  Major,  U.  S.  A. 
Instructions  to,  to  preserve  peace  in  District  of 

Columbia,  333. 
McNab,   [MacNab],  Allen  N.,  Colonel,  Canadian 

Militia. 
Commands  Canadian  troops  during  "Patriot" 

war,  62-«4. 
Burns  steamer  Caroline,  63. 


INDEX. 


377 


McPherson,  William,   Brigadier-General,  Penn 
sylvania  Militia. 
Commanding  militia  in  Fries's  insurrection,  43. 

McSween,  A.  A.,  Desperado. 

Lawlessness  in  New  Mexico,  337. 
Meade,  George  G.,  Major-General,  U.  S.  A. 
Fenian  invasion  of  Canada,  111. 
Instructions  re  military  assistance  to  civil  au 
thorities,  12G. 

Prevention  of  unlawful  expeditions,  113. 
Riot  at  Augusta,  Ga.,  123,  12G. 
Mechanics'  Institute,  New  Orleans,  La. 

Scene  of  riot,  138. 

Meigs,  M.  ('.,  Major-General,  U.  S.  A. 
Opinion  as  to  issue  of  equipage,  etc.,  to  militia, 

335. 
Meiklejohn,    Georue   1)..    Assistant  Secretary  of 

War. 
Directs  use  of  troops  to  subdue  rioters  in  Idaho, 

248. 

Memphis,  Tenn. 
Riots  of  May,  1866,  at,  109-111. 
Cause  of,  109. 

Civil  power  suspended,  111. 
Documents  relating  to,  110  (note). 
Military  in  control,  111. 
Quelled  by  United  States  troops,  110. 
Renewal  of,  at  South  Memphis,  110. 
Results  of,  110. 

Resumption  of  civil  functions,  111. 
Merriam,  Henry  (J.,  Brigadier-General,  U.  S.  A. 
Calls  on  governor  for  proper  care  of  prisoners 

at  Wardner,  Idaho,  251. 
Co2ur  d'Alene  mining  troubles,  1899,  246-252. 
Directs  troops  sent  to  Wardner,  Idaho,  248. 
Joins  in  proclamation  prohibiting  employment 
of  miners  not  holding  State  permits,  251. 
Municipal  troubles  at  Denver,  Colo.,  225. 
Ordered  to  Idaho,  248. 
Remarks  as  to  conditions  in  Idaho,  250. 
Requested  by  Governor  Steunenberg  to  stop  all 

trains,  249. 
Statement  of  arrests  made  by  Federal  troops, 

250. 

Witness  before  Congressional  committee,  252. 
Merritt.  Wesley,  Major-General,  U.  S.  A. 
Directed  to  send  troops  to  Coeur  d'Alene,  Idaho, 

223. 

Mexican  War. 

Dates  of  commencement  and  termination,  73. 
Force  employed  in,  104. 
Mexico. 
Aaron  Burr's  conspiracy  designed  as  an  attack 

on,  46,  48. 
Michigan. 
Governor — 

Appeals  for  Federal  aid,  204. 
Baglcy,  John  J.,  334. 
Requests  that  Government  troops  be  made 

subject  to  his  orders,  334. 
Refused  by  Secretary  of  War,  334. 
Indian  aggressions  on  border,  59. 
Labor  strikes  of  1877,  204,  334. 
Militia,  68. 
Unsettled  state  of  affairs  at  Detroit,  204. 


Michigan,  U.  S.  Steamer. 

Capture  of  Fenians,  112. 
Middlesex  County,  Mass. 

Quota  for  militia,  14. 

Mifflin,  Thomas,  Governor  of  Pennsylvania. 
Calls  out  militia  to  put  down  Fries's  insurrec 
tion,  38. 
Refuses  to  call  out  militia  to  suppress  whisky 

insurrection,  34. 
Opinions  as  to  position,  35. 
Miles,  Nelson  A.,  Major-General,  U.  S.  A. 
Railroad  strikes  of  1894,  232, 248, 348. 

Instructions  from  War  Department  re,  232, 348. 
.Military  Force. 
Detention  of  persons  by,  6. 
Employment  in  enforcement  of  law,  5-12. 
Power  of  United  States  marshal  in  re,  124. 
Relation  to  posse  comitatus,  documents  con 
cerning,  85  (note). 

Relations  with  civil  powers  defined,  144, 301. 
Use  as  posse  comitatus,  opinion  of  Attorney- 
General,  75  (note). 
Militia: 

Act  of  Congress  providing  for  calling  out,  32. 
Authority  for  organization  and  equipment,  42. 
Called  forth,  objects  of  and  enforcement,  39. 
Called  out  in  Pennsylvania,  41,  43. 
Constitutional    enactment    regarding    enroll 
ment,  106. 
Employment  in  execution  of  judicial  process, 

etc.,  6. 

Equipment  and  supply,  258. 
Government  of,  33. 

Issue  of  equipage  to,  opinion  of  Quartermaster- 
General,  336. 
Power  of— 

President  regarding,  258. 
States  over,  256  (note). 
Regarded  as  posse  comitatus,  240. 
Reorganization,  Act  of  Congress  providing  for, 

350  -365. 
Adjutants-general  of  States,  appointment  and 

duties,  352. 

Ammunition,  furnishing  to,  354 
Ancient  organizations  to  retain  privileges,  351. 
Apportionment— 
Of  appropriations,  351. 
Under  call,  351. 

Army  officers  attending  encampments  of  in 
struction,  354. 

Supplies,  availability  for  issue  to,  353. 
Attendance  of  officers  at  United  States  mili 
tary  schools,  353. 
Called  forth  by  President,  351. 
Commencement  of  pay,  352. 
Composition  and  organization,  350. 
Composition  of  courts-martial,  351. 
Detail  of  Army  officers  with,  354. 
Disabilities  and  pensions,  354. 
Exceptions  from  service,  350. 
Issue  to,  of  arms  and  equipments,  352. 
Muster  into  United  States  service,  351. 
Officering  of  volunteer  forces  in  United  States 

service,  354. 

Organization  of  volunteer  forces,  355. 
Participation   in   encampment,  maneuvers, 
etc.,  with  Regular  Army,  353. 


378 


INDEX. 


Militia— Continued. 
Pay- 
Subsistence,  and  travel  allowances  while  in 

United  States  service,  352. 
When  in  United  States  service,  351. 
Period  for  which  called  forth,  duration,  351. 
Practice  marches,  or  camps  of  instruction,  to 

be  held  yearly,  353. 
Proper  equipment  a  prerequisite  to  receipt  of 

allotment  of  appropriation,  352. 
Repeal  of  former  militia  acts,  355. 
Strength  of  organizations,  how  fixed,  351. 
Subject  to  rules  and  articles  of  war,  351. 
States- 
Alabama,  60,  61,  104. 
Arizona,  212. 
Arkansas,  73,  104,  105,  125,  164,  166,  168,  169- 

172,  179,  213,  309. 

California,  87-91,  236,  288,  289,  335. 
Colorado,  225,  226,  227. 
Connecticut,  15. 
Florida,  62. 
Georgia,  61,  62,  73-104. 
Idaho,  222,  223,  224,  246,  247,  252,  345,  346. 
Illinois,  59,  201,  203,  229,  273,  301,  330,  348. 
Indiana,  59,  200,  231,  2S2,  273,  327,  347. 
Iowa,  64,  65. 

Kansas,  83,  84,  281,  283,  284,  287. 
Kentucky,  48,  60,  73,  105. 
Louisiana,  46, 55, 60,  73,  104,  147,  148,  153, 154, 

304-306. 
Maryland,  37,  38-41,  53,  54,  100,  105,  192,  194, 

317,  319. 

Massachusetts,  13-15,  76,  77. 
Michigan,  59,  68. 
Mississippi,  48,  60,  73, 104. 
Missouri,  46,  59,  73,  105,  108. 
Nebraska,  232. 
New  Hampshire,  15. 
New  Jersey,  37-41. 
New  York,  62-64,  113,  203,  222. 
North  Carolina,  61,  62,  105. 
Ohio,  48,  73,  105,  198,  199. 
Pennsylvania,  34-41, 43,  105,  113,  194, 195, 198, 

222,  323,  325. 
Rhode  Island,  15,  67,  69,  70,  182,  264,  268, 269, 

277. 

South  Carolina,  58,  61,  104,  119,  120,  182,  183. 
Tennessee,  48,  60,  61,  62,  73,  105,  115, 116, 117, 

118,  222. 

Vermont,  50,  51,  52,  63,  64,  113. 
Virginia,  21-29,  37-41,  48,  51,  53,  54,  100,  105, 

261,  262,  296,  297. 
Washington,  220,  221,  342. 
West  Virginia,  105,  189,  315-317. 
Wisconsin,  334. 
To  be  brought  into  action  by  State  executive, 

256  (note). 

Use  of,  prior  to  1861,  104. 
Use  by  General  Government  to  enforce  its  laws, 

238. 

West  Virginia,  statement  of  conditions,  315. 
Mllllcan,  Tex. 

Riot  of  July  15,  1868,  at,  128. 
Mills,  Isaac  C.,  United  States  Marshal. 
Instructions  from  Attorney-General  to,  307. 


Milwaukee,  WIs. 

Conditions  at,  204. 

Mob  delivers  fugitive  slave  from  jail,  78. 
Mississippi. 

Declared  in  insurrection,  103. 
Government  declared  illegal,  107. 

Reconstruction  accomplished,  108. 
Governor  issues  orders  for  arrest  of  Aaron  Burr, 

48. 

Ku-Klux  outrages  in,  119. 
Militia  furnished  in  Sabine  affair,  60. 
Secession  from  the  Union,  101. 
Mississippi  County,  Ark. 

Martial  law  declared  in,  125. 
Missouri. 
Brigandage  in  1866,  108. 

Militia  ordered  out  to  suppress,  108. 
Militia,  59. 

Refuses  to  furnish  military  quota,  105. 
Riots  at  St.  Louis,  202. 
Mobile,  Ala. 

Riot  of  August  5,  1869,  at,  129. 
Federal  troops  quell,  129. 
Reports  re,  129  (note). 
Riot  of  May,  1867,  at,  113. 
Causes  which  led  to,  113. 
Civil  officials  removed,  113. 
Military  assumes  control,  113. 
Documents  re,  113  (note). 
Morion  Railroad. 

Strike  ordered  on,  228. 

Monroe,  John  T.,  Mayor  of  New  Orleans,  La. 
Attitude  of  citizens  toward,  300. 
Character,  132, 141. 
Election,  132. 
Notifies  General  Baird  of  intention  to  disperse 

convention,  133. 

Not  permitted  to  exercise  functions  of  office,  132. 
Proclamation  re  meeting  of  con"ention,  134, 136. 
Removal  recommended,  141. 
Removed  by  General  Sheridan,  142. 
Takes  oath  of  allegiance,  132. 
Montana. 
Governor  cooperates  with  Idaho  authorities, 

249. 
Montgomery,  Ala. 

Municipal  troubles,  123. 
Montgomery  County,  Pa. 

Resistance  to  domiciliary  visitation,  43. 
Morgan,  Daniel,  Major-General,  Virginia  Militia. 
Commands  Virginia  contingent  in  whisky  in 
surrection,  38. 

Mormon  Rebellion,  1851-1858,  93-96  293-296. 
Appointment  of  Brigham  Young  as  governor  of 

Utah,  93. 

Antagonism  to  Federal  Government,  93. 
Believed  by  Mormons  to  be  of  Diviiie  se 
lection,  93. 

Documents  re,  96  (note),  293-296. 
Proclamation  by — 
General  Johnston  re  protection  by  Army, 

295. 

Governor  Cummings  re  organization  of  Ter 
ritory,  297. 

Governor  Young  declaring  martial  law,  294. 
Restoration  of  peace  and  guaranty  of  par 
don,  295. 


INDEX. 


379 


Mormon  Rebellion,  1851-1858— Continued. 
Expedition  of  1857  to  suppress— 
Arrives  at  Camp  Winfield,  94. 
Composition,  94. 
Instructions  to  commander,  94. 
Reenforcements  arrive  at  Fort  Scott,  9G. 
Federal  troops — 
Enter  Salt  Lake  City,  96. 
Mormons  obstruct  march,  95. 
Ordered  from  Territory,  94,  95. 
Strength,  95. 

Supply  train  destroyed  by  Mormons,  95. 
Forces  used  and  cost  of,  96. 
March  to  New  Mexico  for  supplies  for  troops,  96. 
Martial  law  declared  by  Brigham  Young,  94. 
Mormon  forces,  95. 
Mormons  burn  Forts  Bridger  and  Supply,  Utah, 

95. 

Organization  of  Territorial  government,  95. 
Posse  comitatus,  military  as,  in  Utah,  93. 
Proclamations— 
By  governor,  95. 

Reception  by  Mormons,  96. 
Of  pardon  to  all  who  submit  to  Federal  au 
thority,  96. 
Of  peace  restored,  96. 
Termination  of,  96. 
Morris,  Gouverneur. 
Member  Federal    Constitutional  Convention, 

17, 18. 
Morton,  Alfred,  Captain,  U.  S.  A. 

Anti-Chinese  riots  in  Wyoming,  217. 
Moultrie,  Fort,  S.  C. 

Troops  ordered  to,  57. 
Murray,  Eli  H.,  Governor  of  Utah. 
Disorder  at  Salt  Lake  City,  214. 
Requests  Federal  aid  in  preservation  of  life 

and  property,  214. 
Mutiny. 

Definition,  258  (note). 
Nacogdoches,  Tex. 
Americans  withdraw  from,  61. 
Occupied  by  troops  under  General  Gaines,  60. 
Nance,  Albinus. 

Governor  of  Nebraska,  211,  212,  232. 
Nashville,  Tenn. 

Election  troubles  of  1867  at,  114-116. 
Appeal  for  Federal  aid,  115. 
Documents  relating  to,  115. 
General  Thomas  assumes  charge,  115. 
Governor  calls  out  the  militia,  115. 
Instructions  in  regard  to,  for  military  com 
manders,  115,  116. 
Military,  at  polling  precincts,  116. 
Position  of  governor  and  mayor  regarding, 

114. 

United  States  troops  ordered  to,  115. 
Natchitoches  Parish,  La. 

Murders  in,  131. 
National  Defense. 
Reliance  for,  59. 
National  Guard. 

Development,  character,  etc.,  240. 
Expectation  as  to  preparedness  not  realized,  243. 
Extract  from  Adjutant-General's  report,  1899, 

in  regard  to,  243. 
(See  Militia.) 


National  Parks. 

Secretary  of  War,  prevention  of  trespassing  in,  7. 
Navy,  Secretary  of. 

Dobbins,  James  C.,  112. 

Measures  for  creation,  45. 
Navy  Island,  Niagara  River. 

Evacuation  by  "Patriots,"  63. 

Operations  against,  63. 

Seizure  by  revolutionists,  62. 
Nebraska. 

Disorder  at  Hastings,  211. 

Federal  troops  sent  to,  212. 

Governor  Albinus  Nance,  211,212,232. 

Militia  ordered  to  Omaha,  232. 

Request  for  Federal  aid,  211. 
Denied  by  President,  212. 

Troops  withdrawn  from,  212. 
Negro  Insurrections,  1831,  56,  261-264. 

Arms,  etc.,  delivered  to  State  troops,  262. 

Conditions  at  Newbern,  N.  C.,  263. 

Documents  relating  to,  261-264. 

Fear  of,  in  various  States,  56. 
Precautions,  56. 

Federal  troops,  use  in  quelling,  56,  261. 
Feeling  as  to,  56. 

Reports  of  military  commanders  on,  261. 

Troops  ordered  to  Newbern,  N.  C.,  262,  263. 
Neill,  Thomas  H.,  Major,  U.S.A. 

Political  disturbances  in  Louisiana,  143,301,  302. 
Neutrality  Laws. 

Authority  of  President  to  enforce,  8. 
Neville,  John,  Major-General,  Pennsylvania  Mi 
litia. 

Whisky  insurrection,  34-36. 
Attacked  by  insurgents,  34,  35. 
Flight,  36. 
Newark,  Ohio. 

Blockade  of  railroad  traffic  at,  198 
Newbern,  N.  C. 

Negro  insurrection  at,  56, 262, 263. 

Report  of  conditions  at,  263. 

Troops  sent  to  quell  insurrection,  56,  262. 
Newberry  County,  S.  C. 

Martial  law  declared  in,  122. 
New  England. 

Fugitive-slave  disturbances  in,  74-77. 

Indignation  meetings  re  fugitive-slave  act,  76. 
New  Hampshire. 

Position  regarding  guaranty  resolution,  19,  20. 

Ratifies  Federal  Constitution,  21. 
New  Jersey. 

Attitude  re  guaranty  clause  of  Constitution, 
17,  19,  20. 

Governor  Richard  Ho  well,  42. 

Labor  riots  of  1877,  204. 

Militia,  37. 

Ratifies  Federal  Constitution,  21. 

Requisition  of  President  for  troops,  37. 
New  Mexico. 

Abolishment  of  peonage,  6. 

Anti-Chinese  troubles,  222,  344. 
Governor  asks  Federal  aid,  222,  344. 
Use  of  troops,  Constitutional  requirements, 
222,  345. 

Governors— 
Axtell,S.  B.,  207,  337. 
Ross,  Edmund,  G.,  222,  344. 
Thornton,  W.  T.,  234. 


380 


INDEX. 


New  Mexico — Continued. 
Lawlessness  of  1878  in,  206-221,  336-339. 

Anarchy  in  Lincoln  County,  206. 
Subdued  by  Army,  206. 

Constitutional    guaranty  not  applicable  to, 
338. 

Documents  relating  to,  336-339. 

Federal  aid,  requests  for,  206,  207,  336,  337. 

Federal  troops,  instructions  regarding  use  of, 

209,  337. 
Difficulties  attending  operations,  209. 

Incidents  which  led  to,  reviewed  by  Secretary 
of  War,  210. 

Murders  done  by  mob,  208,  337. 

No  power  in,  to  preserve  order,  206. 

President's  proclamation  regarding,  208. 

Supineness  of  Territorial  authorities,  209. 

Territorial  rights,  quotation  as  to,  338,  339. 

Withdrawal  of  proclamation  declaring  mar 
tial  law,  210. 

"Wrestlers,"  Texas  renegades,  reign  of  terror 
inaugurated,  and  atrocities  committed 
by,  208. 
Railroad  strikes  of  1894,  234. 

Governor  requests  Federal  aid,  234. 

Instructions  for  use  of  troops  in,  234. 

Rioters  arrested  and  taken  to  Denver,  Colo., 
234. 

Troops  sent  to  points  in  New  Mexico,  234. 
New  Orleans,  La. 
Affair  of  January  4,  1875 — 

Arrest  of  ringleaders  recommended,  162. 

Attitude  of  people  toward  National  Govern 
ment  and  Representatives,  1G1. 

Disturbances  in  legislature,  160. 

Federal  assistance  asked  for  to  clear  legisla 
tive  hall,  160. 

Federal  troops  protecting  state  house,  159. 

Organization  of  legislature,  159. 

Pacification  by  General  De  Trobriand,  160. 

President  recognizes  W.  P.  Kellogg  as  gov 
ernor,  156,  307. 
Approved  by  Congress,  163. 

Protest  against  interference  of  Federal  troops, 
160. 

Remarks  of  General  Sheridan  on  organiza 
tion  of  legislature,  160. 

Restoration  of  order  by  Federal  troops,  160. 

Seizure  of  legislature  by  minority,  159. 

Withdrawal  from  legislature  of  opposing  fac 
tion,  160. 
Mayor — 

Character,  132, 141. 

Intention  toward  convention,  133, 134. 

Issues  proclamation  re  convention,  136. 

Prohibited    from    exercise  of    functions   of 

office,  132. 

President  calls  for  report  on  riot  at,  298. 
Riot  of  July  30, 1866,  at,  132. 

Causes,  132,  199. 
Riots  of  September  14,  1874,  at,  153. 

Canal  street,  engagement  on,  154. 

Causes,  153. 

Instructions  regarding  military  occupation, 
156,  158. 

Metropolitan  police,  surrender  to  insurgents, 
155. 


New  Orleans,  La.— Continued. 
Riots  of  September  14, 1874,  at— Continued. 
Yellow  fever,  causes  withdrawal  of  troops, 

154. 

Riots  of  1871-72  at,  146. 
Causes  which  led  to,  146. 
Federal  troops  occupy  custom-house,  146. 
Seizure  and  plunder  designed  by  Aaron  Burr,  48. 
Troops  sent  to,  to  prevent  slave  revolt,  56. 
Volunteers  from,  first  for  Mexican  war,  73. 
(See  Louisiana,  Political  disturbances.) 
Newport  Barracks,  Ky. 

Addition  to  Federal  troops  at,  199. 
Newton,  B.  C. 

Commander,  Arkansas  militia,  168,  213. 
New  York. 
Governors— 

Marcy,  William  L.,  64,  75. 
Seward,  William  H.,  75. 
Labor  disturbances  of  1877  in,  203. 
Other  disturbances  in  handled  by  National 

Guard,  203. 

Riots  at  different  points,  203. 
Militia,  62-64,  113,  203,  222. 
"Patriot"  war,  72-75. 

Position  in  regard  to  guaranty  resolution,  17. 
Ratification  of  Federal  Constitution,  21. 
Withdrawal  from  Constitutional  Convention,  20. 
New  York  Central  Railroad. 
Suspends  operations,  197. 

Nicholas,  Wilson  C.,  Member  of  Virginia  Consti 
tutional  Convention. 

Remarks  on  militia  section  of  Constitution,  25. 
Nichols,  William,  United  States  Marshal,  District 

of  Pennsylvania. 
Fries' s  insurrection,  43. 

Forced  to  cease  execution  of  legal  process,  44. 
Nix,  E.  D.,  United  States  Marshal,  Oklahoma. 

Appeals  fo**  Federal  aid,  235. 
Norfolk,  Ya. 

Riots  of  April  16-18,  1866,  at,  108, 109. 
Causes  which  led  to,  108. 
Celebration  of  passage  of  civil  rights  bill,  109. 
Documents  regarding,  109  (note). 
Quelled  by  Federal  troops,  109. 
Northampton  County,  Pa. 

Resistance  to  domiciliary  visitation,  43. 
North  Carolina. 

Appeal  from  for  Federal  aid,  123. 
Government  declared  illegal,  107. 

Reconstruction  accomplished,  108. 
Insurrection  declared  in.  103. 
Ku-Klux  operations  in,  119. 
Military  depots,  etc.,  seized,  101. 
Militia  quota  for  Cherokee  intruders,  62. 
Negro  insurrection  of  1831,  56. 
Position  in  regard  to  guaranty  resolution,  17, 

19,  20. 

Refuses  to  furnish  militia  quota,  105. 
Northern  Pacific  Railroad. 
Designation  as  post  route  and  military  road,  10. 
Federal  troops  scattered  along  line  for  protec 
tion  of  trains,  233. 
Nullification  Act,  56-58. 
Nullification  excitement,  56-58. 
Caused  by  enforcement  of  tariff  laws,  56. 
Documents  relating  to,  58  (note). 


INDEX. 


381 


Nullification  Act— Continued. 
Nullification  excitement— Continued. 
Embargo  laws,  President  declares  intention 

to  enforce,  57. 

Reception  by  people  of  South  Carolina,  58. 

Instructions  regarding  use  of  troops,  57. 

Military  force,  use  of  additional,  in  enforcing 

tariff  laws,  authorized  by  Congress,  58. 

Opposition  in   South   Carolina   to  embargo 

laws,  57,  58. 

Recession  from  opposition,  58. 
Resistance  to  enforcement  of  tariff  laws,  58. 
Tariff  laws,  how  regarded  by  people,  56. 
Troops  sent  to  South  Carolina,  57 
Oakland,  Oal. 

Disturbances  at,  236. 
Obstruction  of  Law. 
Suppression  of,  33. 

Garden,  F.  N.,  Attorney-General  of  Louisiana. 
Commands  militia,  153. 
Political  disturbances  in  Louisiana,  153,  306. 
Requests  Federal  noninterference,  306. 
Ogdensburg,  N.  Y. 

Fenians  assemble  at,  112. 
Ohio  and  Mississippi  Railroad. 

Stoppage  of  trains  on,  198. 
Ohio. 

Labor  strikes  of  1877,  253,  254. 
Blockade  of  traffic  at  different  points,  198, 199. 
Governor  orders  out  State  troops,  198. 
Issue  of  Federal  arms  and  ammunition  to,  198. 
Miners  and  tramps  join  strikers  at  Columbus, 

Ohio,  199. 

Quelled  by  State  authorities,  199. 
Sympathetic  strike  at  Zanesville,  Ohio,  199. 
Militia,  48,  73,  105,  198,  199. 
Oklahoma. 

Governor,  Thomas  J.  Lowe,  acting,  235. 
Railroad  strikes  of  1894,  235. 
Rioting  by  railroad  strikers  in,  235. 
Caused  by  dissatisfaction  with  railroad  com 
panies,  235. 
Violence  at  Enid  and  Pond  Creek,  235. 

Olive, ,  Murderer. 

Disorder  at  Hastings.  Nebr. 

Caused  by  plans  for  rescue  of,  211,  212 
Olney,  Richard,  Attorney-General. 
Informed  that  mob  in  possession  of  Hammond, 

Ind.,  347. 
Instructs  U.  S.  attorney  at  Chicago  to  protect 

mail  trains,  228. 
Suggests  Governor  Matthews  call  for  aid  under 

Constitutional  guaranty,  347. 
Omaha,  Nebr. 

Militia  called  out  to  preserve  order  at,  232. 
Opelusas,  La. 

Conflict  at,  145. 
Oregon. 

Governor  makes  requisition  for  troops,  218. 
Orleans,  Territory  of. 
Spanish  massacres  in,  131. 
Validity  of  title  to  lands  in,  7. 
Osawatomie,  Kans. 
Collisions  at,  83. 

Otis,  Elwell  S.,  Colonel,  U.  S.  A. 
Attitude  toward  insurgents,  244. 
Labor  strikes  of  1877,  199,  200. 


Otis,  Elwell  S.— Continued. 
Mentioned,  243. 
Telegraphs   re    rendering  assistance   to    civil 

authorities,  Toledo,  Ohio,  328. 
Reply  of  General  Hancock  thereto,  329. 
Owlngs,  N.  H. 

Secretary  of  Washington  Territory,  342. 
Packard,  S.   B.,   United   States   Marshal,   New 

Orleans. 

Attorney-General's  instructions  to,  306. 
Park,  John,  Mayor  of  Memphis,  Tenn. 

Suspended  from  office,  111. 
Parkinsons  Ferry,  Pa. 
Meeting  of  insurgents  at,  41. 

Resolutions  of  submission  adopted,  41. 
Parton,  James. 

Remarks  on  conditions  along  Southwest  fron 
tier  in  1806,  46. 

Patrie,  M.,  Secretary  of  State,  Idaho,  249. 
"Patriot"  War,  1837-38. 
Arsenals  plundered  during,  64. 
Burning  of  American  steamer  Caroline  by  Ca 
nadian  troops,  63. 
Responsibility  for,  63. 

Canadian  Government  remonstrates  to  United 
States  Government  regarding  "Patriot" 
invasion,  62. 

Composition  of  forces,  62. 
Documents  regarding,  64  (note). 
Enter  Canada  near  Maiden,  64. 
Gather  at  Clayton,  64. 
Guerrilla  warfare  conducted  by,  64. 
Ignominious  termination,  64. 
Inaugurated  by  secret  societies,  62. 
Instructions  for  conduct  of  American  troops,  63. 
Militia  again  called  out,  64. 
Militia,  General  Scott  authorized  to  call  out,  63. 
New  York  State,  meetings  in  cities  of  upper,  to 

advance  cause,  62. 
"Patriots"    fortify   themselves   on    Gibraltar 

Island,  64. 

Proclamations  issued  by  President,  63,  64. 
Regular  troops  called  out  to  suppress,  64. 
Seize  Navy  Island,  Niagara  River,  62. 
Evacuation  of,  63. 
Operations  against,  63. 
Separation  of  Canada  from  Great  Britain,  cause, 

62. 

States  affected  by  movement,  62. 
Surrender  of,  64. 

Unsuccessful  attack  on  Prescott,  64. 
Paul,  Gabriel  R.,  Major,  U.  S.  A. 
Disturbances  at  Provo,  Utah,  97. 
Instructions  to,  98. 
Pearson,  Edward  P.,  Colonel,  U.  S.  A. 

Railroad  strikes  of  1894,  234. 
Penn,  D.  B. ,  Contestant  for  Governorship,  Loui 
siana. 

Mass  meeting  recognizes,  as  lieutenant-gov 
ernor,  153. 

Nomination  for  lieutenant-governor,  147. 
Proclamation  by,  153. 
Requests  Federal  noninterference,  154. 
Transfers  functions  to  McEnery,  156. 

Penniinan, ,  Collector  of  Customs,  Vermont 

district,  50. 

Authorized  to  crush  opposition  by  armed  force, 
50. 


382 


INDEX. 


Pennsylvania. 

Constitutional  Convention,  debates  on  Consti 
tution,  29-31. 
Power  of  Congress,   to  prepare  for  defense, 

necessity  for,  30,  31. 

Protection  of  States  against  invasion,  29. 
Standing  army— 

Attitudeof  people  of  GreatBritaintoward,29. 
Opposition  to,  29. 
Prevention  of  occasion  for,  29,  30. 
Remarks  on  danger,  29. 
First  requisition  on,  for  troops,  37. 
Fries's  insurrection,  43. 
Governors — 

Hartranft,  John  F.,  194-197,  323-326. 
Mifflin,  Thomas,  34,  35,  38. 
Wilson,  James,  17,  18,  29,  34,  36. 
Labor  troubles  in,  194-198,  321-326. 
Assignment  of  commander  of  troops  in,  324. 
Blockade  spreads  to  adjoining  States,  196. 
Buildings,    etc.,   plundered    by    mob    and 

burned,  195. 

Citizens  organize  and  arm  for  protection,  195. 
Communication  from  General  Hancock  re 
garding  position  of  Federal  troops  in 
connection  with  State  authorities,  322. 
Conference  of  Federal  authorities  with  gov 
ernor,  197. 

Conclusion  arrived  at,  197. 
Disturbances  at  Reading,  198. 
Federal  troops  arrive  at  Pittsburg,  198. 
Distribution  among  coal  regions,  198. 
Termination  of  troubles  in,  198. 
Hancock,  Maj.  Gen.  Winfield  S.— 
Assumes  charge  in,  195. 
Instructions  to,  195, 321, 324. 
Militia  commanders  report  to,  323. 
Order  for  State  troops  to  report  to,  325. 
Requests  that  civil  authorities  be  allowed 
to  demonstrate  ability  to  control  situa 
tion,  326. 
Views  on  control  of  situation  in  domestic 

disturbances,  326. 

Labor  troubles  at  Pittsburg,  194-196. 
National  Guard — 
Attacked  by  mob,  194. 
Called  out,  194. 

Retreats  from  city  and  disbands,  195. 
Paralysis  of  labor,  197. 

Proclamation  by  President,  declares  exist 
ence  of  domestic  violence  in,  196. 
Project  for  opening  railroad  traffic,  197. 

Approved  by  President,  198. 
Railroad  property  destroyed  by  mob,  195. 
Railroads,  general  suspension  of  operations, 

196. 
Reports  of  operations  and  conditions  in,  324, 

325. 

State  troops  reported  to  governor,  325. 
Threatening  aspect  of  affairs  at  Philadelphia, 

194-196. 
_  Position  in  regard  to  guaranty  resolution,  17, 

19,  20. 

Ratification  of  Constitution,  21. 
State  troops  threaten  Congress,  15. 
Stationing  of  militia  in  disaffected  counties,  41. 


Pennsylvania— Continued. 
Whisky  insurrection,  33. 
Character  of  insurgents,  33. 
Hatred  of  people  for  excise  laws,  cause  of,  34 
Perry  County,  Ark. 

Lawlessness  in,  125. 

Peters,  Richard,  District  Judge,  Pennsylvania. 
Accompanies  army  in  whisky  insurrection,  40. 
Pettiprew,  Richard  F.,  U.  S.  Senator. 
Mentioned,  253. 

Phelps, ,  Baltimore  and  Ohio  Conductor, 

296. 

Philadelphia,  Pa. 

Constitutional  Convention  meets  at,  13. 
Federal  troops  ordered  to,  195,  320. 

Arrive  at,  196. 
Mayor- 
Calls  for  Federal  aid,  195. 
Reports  conditions  at  Buffalo,  N.  Y..  320. 
Military   commanders    to    confer    wiui   civil 

authorities,  320. 
Rescue  of  slaves  at,  75. 
Threatening  aspect  of  affairs  at,  194-196. 
Philippine  Insurrection,  243-246. 
Army — 

Expansion  of,  made  necessary  by,  243. 
Increase  to  replace  volunteers,  246. 
Attempted  massacre  of  Americans  at  Manila, 

244. 

Chief  of  artillery,  constitution  of,  246. 
Commendation  of  volunteers,  244,  245. 
Composition  of  volunteers,  245. 
Extract  from  report  of  Secretary  of  War,  1899, 
regarding  conditions  in  Philippine  Is 
lands,  February,  1899,  243. 
Extract  from  1899  report  regarding  replacing  of 

volunteers  in  Philippine  Islands,  245. 
Organization  of  Artillery  Corps,  246. 
Remarks  of  Adjutant-General  regarding  disci 
pline  of  volunteers,  245. 

Tagalogs,  attack  on  Americans  repulsed,  244. 
Pickering,  Timothy. 

Secretary  of  State,  44. 
Pierce,  Franklin,  President  United  States. 
Appeal  to,  for  Federal  aid,  89,  277. 
Assures  governor  of  Kansas  of  Federal  aid,  80, 

278. 

Decides  not  to  interfere  in  Kansas,  90. 
Demand  for  protection  by  citizens  of  Kansas,  278. 
Instructions  to  Governor  Geary,  83. 
Proclamation  directing  disbandmentof  Kansas 

rioters,  81,  279. 

PInchback,  P.  B.  S.,  Governor  of  Louisiana. 
Asks  Federal  aid,  148,  302,  303,  304,  305. 
Assumes  duties  of  governor,  148. 
Nominee  for  governor,  147. 
Political  disturbances    in    Louisiana,   147-149, 

302-305. 

Recognized  by  President,  148,  304. 
Request  for  troops  refused,  149. 
Transmits    legislative     resolution   requesting 

Federal  aid,  302. 
Withdraws  from  race,  147. 
Pine  Bluff,  Ark. 
Engagement  at,  174. 


INDEX. 


383 


PIttsburg,  Pa. 

Riots  of  July  19,  1877,  at,  194-196, 
Federal  troops  sent  to,  194,  325. 
Letter  to  governor,  from  committee  of  safety, 

325. 

National  Guard — 

Arrives  and  is  assaulted  by  mob,  194. 
Besieged  in  roundhouse,  194. 
Called  out,  194. 
Retreat  from,  194. 
Violence  in  vicinity,  34. 

Insurgents  enter,  34. 
PIttslmrg,  Fort  Wayne  and  Ohio  Railroad. 

Strike  on,  198. 

Poland,  Luke  P. ,  Member  of  Congress. 
Chairman  of  committee  investigating  Arkansas 

political  disturbances,  180. 
Polk,  James  K.,  President  United  States. 

Requisitions  for  volunteers  for  Mexican  war,  73. 
Pond  Creek,  Okla. 
Violence  at,  235. 

Pope,  John,  Brevet  Major-General,  U.  S.  A. 
Governor  of  New  Mexico  applies  to,  for  aid  in 

enforcing  law,  336. 

Instructions  to,  regarding  use  of  troops,  202. 333. 
Labor  strikes  of  1877,  202-210,  333-336. 
Opinion  as  to  effect  of  law  prohibiting  use  of 

military  as  a  posse  comitatus,  207. 
Recommends  relief  of  troops  from  connection 

with  Lincoln  County,  N.  Mex.,  210. 
Requests  instructions  as  to  use  of  troops,  333. 
To  furnish  arms,  etc.,  to  civil  authorities  of 

Missouri,  203. 
Views  regarding  use  of  Army  as  posse,  210. 

Approved  by  Secretary  of  War,  210. 
Portsmouth,  Ya. 

Celebration  of  passage  of  civil-rights  bill,  109. 
Mayor  requests  Federal  aid,  109. 
Negro  meeting  dispersed  by  Federal  troops,  109. 
Posse  Comitatus. 

Act  of  Congress  forbidding  use  of  Army  as,  188. 
Opinion  of   Attorney-General  Gushing,  as  to 
power  of  United  States  marshal  to  sum 
mon,  75. 

Unlawful  to  use  military  as,  124. 
Use  of  Federal  troops  as,  11,  145,  338. 
Views  of  military  commanders  re,  210. 
Postmaster-General. 

Instructions  regarding  delivery  of  mail  to  Ar 
kansas  contestants,  174. 
Potter,  Ellsha  R. 

Dorr's  Rebellion,  65,  66,  264,  265. 
Preseott,  Canada. 

Unsuccessfully  attacked  by  "  Patriots,"  64. 
President  of  the  United  States. 
Authority  for  use  of  military  forces,  6. 
Authorized  to— 

Call  out  militia  and  employ  "levies,"  32. 
Command  dispersion  of  insurgents,  5. 
To  raise  an  emergency  army,  49. 
Determination  of  lawful  government  by,  55, 

130,  258. 

Discretion  as  to- 
Federal  intervention  vested  in,  55. 
Use  of  forces,  decision  Supreme  Court,  55. 
Function  of,  to  decide  what  constitutes  insur 
rection,  257. 


President  of  the  United  States— Continued. 
Necessity  for,  to  determine  State  government, 

178. 
No  right  to  go  behind  returns,  in  rendering 

decision,  178. 

Opinion  of  Attorney-General,   regarding  em 
ployment  of  Federal  forces,  to  suppress 
domestic  insurrection,  289. 
Power — 

In  regard  to  declaration  of  war,  104. 
Must  be  respected  by  judicial  tribunals,  72. 
Protection  of  discoverer's   rights  to  guano 

islands,  11. 

Recognition  of  State  government  by,  72. 
Regarding— 
Militia,  258. 
Extension  of,  42. 
Limitations,  72. 

Use  of  United  States  forces  and  militia,  9, 11. 
Relations  to  military  and  naval  forces,  104. 
Sole  judge  of  exigency,  for  use  of  troops,  42, 

257,  258. 
To  determine  when  Federal  interference  is 

necessary,  71. 

To  suppress  insurrection,  121. 
Under  guaranty  section,  Constitution — 
Decision  by  United  States  Supreme  Court, 

70. 

Powers  and  duties  denned,  5,  6,  9,  11,  32,  42,  49, 
55,  65,  70,  71,  72, 102,  104, 106, 121, 130, 178, 
257,  258  [and  note] ,  289. 
War  powers  enlarged  by  Congress,  102. 
Presidents  of  the  United  States. 

(See  names  of  Presidents.) 
Proclamation. 

For  restoration  of  rights  to  Secessionists,  107. 
Proclamations. 
Gubernatorial — 
Arkansas,  125,  126,  164,  168,  179. 
California,  88,  89,  288,  289. 
Georgia,  126. 
Idaho,  248. 
Kansas,  84,  282. 
Louisiana,  153. 
Rhode  Island,  276,  277. 
South  Carolina,  83. 
Tennessee,  115, 118. 
Utah,  95,  96,  294,  295. 
Vermont,  50. 
Washington,  341,  343. 
Miscellaneous- 
Brooks,  Joseph,  167. 
Brown,  W.  Matt.,  115. 
Carter,  George  W.,  147. 
Dorr,  Thomas  W.x  67,  268. 
Johnston,  Albert  S.,  colonel,  U.  S.  A.,  96. 
Monroe,  John  T.,  mayor  of  New  Orleans,  136. 
Penn,  D.  B.,  153. 
Young,  Brigham,  293. 
Presidential — 
Adams,  John,  43,  44. 
Arthur,  Chester  A.,  213. 
Buchanan,  James,  85,  100. 
Cleveland,  Grover,  219,  221,  230. 
Grant,  U.  S.,  122,  151,  155,  176,  183,  314. 
Harrison,  Benjamin,  224. 
Hayes,  Rutherford  B.,  190,  193,  196,  208. 


384 


INDEX. 


Proclamations— Continued. 
Presidential— Continued. 
Jackson,  Andrew,  57. 
Jefferson,  Thomas,  47,  51,  57. 
Johnson,  Andrew,  103,  113. 
Lincoln,  Abraham,  102,  103,  107. 
McKinley,  William,  242. 
Pierce,  Franklin,  81,  279. 
Tyler,  John,  69,  276. 
Van  Buren,  Martin,  63,  64. 
Washington,  George,  35,  37,  43. 
Providence,  R.  I. 
Assemblage  of  rioters  at,  and  attempt  to  seize 

arsenal,  67. 
Provo,  Utah. 

Disturbances  of  1859  at,  97-99. 
Arrests  at,  97. 
Causes,  97. 

Federal  troops  sent  to,  97. 
Governor  requests  withdrawal  of  troops,  97. 

Refused  by  Colonel  Johnston,  97. 
Instructions  to  military  commanders,  98. 
Military  aid  requested  to  hold  prisoners,  97. 
Release  of  prisoners,  99. 
Termination,  99. 
United  States  marshal  requests  military  aid, 

98. 
Public  Lands. 

Revised  Statutes  relating  to,  7. 
Public  Health. 

Laws  regarding,  execution,  8. 
"Publius." 

Letters  of,  in  regard  to  Constitution,  21. 
Puerta  de  Luna,  N.  Mex. 

Outrages  near,  208. 

Railroad"  Strikes,  1894,  228-239,  347-3-50. 
Appeal  for  aid  at  Hammond,  Ind.,  347. 
Disorders  during,  232. 
Documents  regarding,  347-350. 
Extension  of,  232. 
Injunction,  jurisdiction  of  courts  to  interfere 

by,  238. 
Instructions — 

For  use  of  Federal  troops,  232,  248. 
To  department  commanders  west  of  the  Mis 
sissippi,  232. 
Leaders — 

Adjudged  in  contempt  for  disregard  of  injunc 
tion,  237. 
Application  for  writ  of  habeas  corpus  denied 

by  court,  237. 
Arrest  of,  231,  237. 
Powers  of  General  Government,  as  to  use  of 

military  force,  238. 
Protection  of  Northern  Pacific  R.  R.,  directed, 

233. 

Report  of  conditions  at  Hammond,  Ind.,  347. 
Rioting  in  West  generally,  232. 
Secretary  of  War's  reply  to  appeal  for  aid,  348. 
Statement  by  Eugene  Debs  of  causes  that  ended 

railroad  strikes,  237. 
States  affected  by,  232. 
Ramsey,  Alexander,  Secretary  of  War. 
Requests  withdrawal  of  proclamation  of  mar 
tial  law  in  New  Mexico,  210. 

.Randolph, . 

Dorr's  rebellion,  268. 
Envoy  to  President  seeking  aid,  268. 


Randolph,  Edmund,  Governor  of  Virginia. 
Member  Federal    Constitutional    Convention, 

16-18. 

Amendment  of  guaranty  resolution,  17,  18. 
Resolutions  introduced  by,  16. 
Member  Virginia  Constitutional  Convention, 

21. 

Remarks  on  militia  elaiise,  26. 
Opinion  re  position  of  governor  of  Pennsylva 
nia,  35. 

Secretary  of  State,  37,  38. 
Ransrers. 
President  declines  to  authorize  organization  of, 

in  Territories,  74. 
Rawl,  William,  District  Attorney,  Pennsylvania. 

To  accompany  army  against  insurgents,  40. 
Reading,  Pa. 
Disturbances  at,  198. 

Collison  between  rioters  and  militia,  198. 
Rebellion. 

What  constitutes,  121. 
Reconstruction  Period. 
Brigandage  in  Missouri,  108. 
Colored    people,   intense    feeling   against,    in 

Southern  States,  108. 

Conditions  prevailing  in  South  after  Avar,  109. 
Disorders  of  1868  in  Gulf  States,  123. 
Fenian  invasion  of  Canada,  1866,  111. 
First  reconstruction  proclamation,  107. 
Ku-Klux-Klan,  1866-1872,  116. 
Lawlessness  of  1868,  in  Arkansas,  124. 
Lawlessness  of  1868-1870,  in  Texas,  127. 
Military  districts- 
Duties  of  commanders,  107. 
Formation  of,  107. 

Nashville,  Tenn.,  elections,  1867,  114. 
Plans  of  Congress  for  reconstruction,  107. 
Reconstruction  accomplished,  108. 
Reestablishment  of  State  governments,  107. 
Riots  at— 

Camilla,  Ga.,  1868,  126. 
Franklin,  Tenn.,  1867,  114. 
Memphis,  Tenn.,  1866,  109. 
Millican,  Tex.,  1868,  128. 
Mobile,  Ala.,  1867,  113. 
Mobile,  Ala.,  1869,  129. 
Norfolk,  Va.,  1866,  108. 
Unionville,  S.  C.,  1871,  120. 
State  governments  declared  illegal,  107. 
Red  River  Parish,  La. 
Disorders  of  1874  in,  152. 
Political  murders  in,  131. 
Reeder,  A.  H. 

Appointed  governor  of  Kansas,  79. 
Inharmonious  relations  with  legislature,  80.    • 
Removal  from  office,  80. 
Troubles  of  1854  in  Kansas,  79,  80. 
Reid,  John  W.,  General,  Commanding  Kansas 

Militia. 

Kansas  disturbances,  283. 
Revised  Statutes. 

Employment  of  Army  and  Militia,  6. 
Extradition,  8. 
Insurrection,  9. 

Laws  to  be  enforced  under  sections  5297-5299,  9. 
Neutrality,  8. 

Power  of  President  under,  5. 
Protection  of  guano  island  discoverers,  10. 


INDEX. 


385 


Revised  Statutes— Continued. 
Provisions  in  regard  to  trespassers  in  Indian 

country,  6. 

Public-health  laws,  8. 
Use  of  Federal  forces,  9. 
Use  of  militia,  9. 
Reynolds,  Joseph  J.,  Brevet  Major-General,  U, 

S.  A. 

Report  on  lawlessness  in  Texas,  127. 
Mentioned,  117. 
RiM.de  Island. 

Adoption  of  State  Constitution,  65. 
Delegation  appeals  to  President  for  aid,  69. 
Dorr's  rebellion,  65-74,  264-277. 
First  disturbances  in,  65. 
General  assembly,  resolutions,  67,  267. 
Governor  Samuel  W.  King,  65-74,  264-277. 
Militia,  15,  67,  69,  70.  182,  264,  268,  269,  277. 
Opposition  to  Federal  Constitution,  20. 
Position  regarding  Constitutional  Convention, 

17,  19. 

Providence,  mass  meeting  for  framing  of  con 
stitution,  65. 

Restitution  of  right  of  suffrage,  65. 
Rich,  W.  0. 

Secretary  of  state,  New  Mexico,  263. 
Richardson,  William  P.,  Brigadier-General,  Kan 
sas  Militia. 

Disturbances  in  Kansas,  283. 
Richmond,  Va. 

Aaron  Burr  tried  and  acquitted  at,  49. 
"Ridge"  Road,  Canada. 
Engagement  between  Fenians  and  Canadian 

militia,  112. 
Ridgely,  S.  C.,  Major,  U.  S.  A. 

Commands  troops  in  Anthony  Burns  riots,  77. 
Rifle  t'lubs. 

(See  Political  disturbances  in  South  Carolina.) 
Rivers,  —  —  Justice. 

Political  disturbances  in  South  Carolina,  182. 
Robertson,  J.  M.,  Adjutant-General  of  Michigan. 
Request  that  Federal  troops  be  made  subject  to 

governor's  orders,  334. 
Refused  by  Secretary  of  War,  334. 
Robinson,   C.,   Chairman  Committee  of  Safety, 

Kansas. 

Demands  Federal  aid,  278. 
Rock  Island,  C.  and  A.  Railroad. 

Strike  ordered  on,  228. 
Rock  Springs,  Wyo. 
Massacre  of  Chinese  at,  215,  272-274. 

Causes  which  led  to,  215. 
Chinese- 
Consuls  visit  scene  of  outrages  in  Wyom 
ing,  217. 

Return  under  Federal  escort,  217. 
Treaty  obligations  of  United  States  to  pro 
tect,  216. 
Warned  not  to  return  to  Rock  Springs  or 

Almy,  216. 

Governor  asks  Federal  aid,  215,  216,  217. 
Instructions     regarding      use      of    Federal 

troops,  215,  216,  217. 
Location  and  description,  215. 
Miners  cease  work  at  Almy,  Wyo. ,  216. 
Mob  in  possession  of  mines,  215. 
Number  killed,  215,  216. 

S.  Doc.  209 25 


Rock  Springs,  Wyo. — Continued. 
Massacre  of  Chinese  at — Continued. 
Presentation  of  case  by  Union  Pacific  Rail 
road,  215. 

Troops  withdrawn  and  peace  restored,  217. 
Root,  Elihu,  Secretary  of  War. 
Extract  from  1899  report,  conditions  in  Philip 
pine  Islands,  February,  1899,  243. 
From  1901  report,  regarding  Army,  253. 
Recommends  organization,  etc.,  of  militia,  254. 
Rose,  Thomas  E.,  Captain,  U.  S.  A. 
Directed  to  preserve  sanctity  of  telegraphic  cor 
respondence,  170. 
Instructions  to,  for  government  in  Arkansas 

dispute,  177,  309,  310. 

Moves  his  troops  into  Little  Rock,  Ark.,  170. 
States  his  purpose  to  preserve  order  in  Little 

Rock,  170. 

Use  of  troops  by,  308. 
Withdraws  troops  to  arsenal,  173. 
Ross,  Edmund  0.,  Governor  of  New  Mexico. 
Asks  Federal  aid,  222,  344. 
Reports  anti-Chinese  excitement,  344. 
Round  Pond,  Indian  Territory. 
Arrests  made  at,  235. 
Troops  sent  to,  235. 
Violence  at,  235. 
Rouses  Point,  N.  Y. 

Seizure  of  Fenian  arms  and  ammunition  at,  112. 
Rousseau,  L.  H.,  Major-General,  U.  S.  A. 

Asked  for  Federal  aid,  146. 
Ruger,  Thomas  H.,  Major-General,  U.  S.  A. 
Labor  strikes  of  1877,  204. 

Political  disturbances  inSouth  Carolina,  184-187. 
Course  of  procedure  regarding  contending 

members,  186. 
Instructions  to,  regarding    South    Carolina 

elections,  184,  185,  186. 
Reply  to  legislators  as  to  use  of  Federal  troops, 

187. 

Railroad  strikes  of  1894,  236. 
Instructed  to  send  troops  to  Los  Angeles,  Cal., 

236. 
Rioting  in  Coeur  d'Alene  Mines,  223,345-346. 

Directed  to  send  troops  to  Wardner,  Idaho,  223. 
Rutland  County,  Yt. 

Detachment  of  militia  ordered  out,  51. 
Rutledge,  John,  Member  Federal  Constitutional 

Convention. 

Debate  on  guaranty  clause,  18. 
Sabine  Affair,  1886. 
American  troops — 
Enter  the  Territory,  60. 
Occupy  Nacogdoches,  Texas,  60. 

Withdrawal  ordered,  61. 
Call  for  volunteers  to  prevent  incursion  into 

Texan  territory,  60. 

Caused  by  armed  bodies  entering  Texas,  60. 
Documents  regarding,  61  (note). 
General  Houston  assumes  command  at  Nacog 
doches,  61. 

Mexican  Government,  conduct  of,  60,  61. 
Militia  supplied  from  certain  States,  60. 
President  disavows  General  Gaines's  conduct, 

61. 
Requisition  for  militia  by  General  Gaines,  60. 


386 


INDEX. 


Sac  Indians. 

Aggressions,  59. 
Sacramento,  Cal. 

Federal  troops  seat  to,  236. 
National  Guard  defied  by  mob,  236. 

Withdrawal  from  scene,  236. 
Organization  of  vigilance  committee  at,  86. 
Railroad  in  hands  of  strikers,  236. 
Railroad  strikes  of  1894,  236. 
Riot  of  July  4,  1894,  at,  236. 
Salt  Lake  City,  Utah. 
Disorders  of  1885  at,  214,  271. 
Appeal  for  Federal  aid,  214. 
Denied  by  President,  214. 
Caused  by  "Edmunds"  law,  214. 
Entered  by  Federal  troops,  96. 
Federal  officials  assaulted  by  Mormons,  214. 
Federal  troops — 
Sent  to,  as  deterrent  factor,  214. 
Used  to  secure  delivery  to  court  of  Presi 
dent  Cannon,  214. 
Controversy  following,  214. 
Stand  of  military  authorities  regarding,  215. 
Suppression  of  polygamy,  cause  of,  214. 
United  States  flags  half-staffed  by  Mormons  as 
sign  of  contempt  toward  Federal  Gov 
ernment,  214. 
San  Francisco,  Dal. 

Vigilance  committee  of  1856,  85-93,  288-293. 
Appeal  for  Federal  intervention,  89. 
Arms,  etc.,  delivered  to  State,  92. 
Arrest  of  Judge  Terry  and  others  by,  91. 
Attorney -General's  opinion    that  President 
would  not  be  justified  in  interference, 
293. 
Commander  Boutwell  demands  surrender  of 

Judge  Terry,  91. 

Commodore  Farragut  censuresGovernor  John 
son,  93. 

Composition  of  forces,  87. 
Disintegration  of,  92. 
Disorganization  of  society,  85. 
Documents  regarding,  288-293. 
"Fort  Gunny  Bags,"  Fort  Vigilance  known 

as,  87. 

Dismantling  of,  92. 

Headquarters  of  vigilance  committee,  87. 
Gamblers  and  objectionable  characters  de 
ported,  8S. 
Governor — 

Again  appeals  for  Federal  aid,  91. 
Declares  insurrection  existent,  288. 
Request  for  arms  and  ammunition,  88. 

Refused  by  General  Wool,  88. 
Revokes  proclamation  of  insurrection,  289. 
Hangings  by,  87. 
Incapacity  of  State  officials,  87. 
Militia- 
Armories  plundered,  91. 
Called  out,  88,  288. 
Joins  the  insurgents,  87. 
Murders  in  San  Francisco,  cause  for  existence, 

86. 

Objects  and  operations,  85. 
Organization  at  different  points,  86. 
Organization  of  first,  85. 
President  decides  not  to  interfere,  90. 


San  Francisco,  Cal.— Cont^iued. 
Vigilance  committee  of  ^856— Continued. 
Refuses  to  surrender  prisoners,  88. 
Result  of  operations,  86. 
Resurrection  of,  86. 

Review  of  events  connected  with,  289. 
Seizes  arms  belonging  to  State,  91. 
State  authorities,  dilitory  tactics  of,  87. 
Statutes  regarding  employment  of  troops  by 

President,  mentioned,  291,  292. 
Suspends  operations,  86. 
Views  as  to  responsibility  for  acts  of,  92. 
San  Jose,  Cal. 

Organization  of  vigilance  committee  at,  86. 
Schofleld,  John  M.,  Major-General,  U.  S.  A. 
Conference  with  Federal  and  State  authorities 

in  Pennsylvania,  197. 

Disposition  of  Federal  troops,  instructions  re 
garding  domestic  disturbances,  345, 346, 
348. 
Informs  governor  of  Idaho  of  steps  taken  to 

give  Federal  protection,  245. 
Instructions — 

Regarding  protection  of  Chinese,  339, 340. 
Regarding  use  of  Federal  troops,  217, 339, 340. 
To  department  commanders,  regarding  rail 
road  troubles  in  West,  229, 232. 
Mentioned,  325. 
Protection  of  Union  Pacific  Railroad  as  military 

road  and  post  route,  216. 
Scott,  John  B.,  Major,  U.  S.  A. 
Scott,  Robert  K.,  Governor  of  South  Carolina. 
Colored  militia  organized  by,  119. 
Ku-Klux-Klan  troubles,  148. 
Mentioned,  182. 

Scott,  Thomas  A.,  President  Pennsylvania  Rail 
road. 

Labor  strikes  of  1877,  General  Hancock  to  con 
fer  with  regarding,  320. 

Scott,  Winfteld,  Lieutenant-General,  U.  S.  A. 
Anthony  Burns  riots,  93. 
Called  on  for  additional  troops,  77. 
Commands  forces  called  out  against  "Patriots," 

63. 

Correspondence— 
Cass,  Lewis,  Secretary  of  War,  57. 
Instructions  to,  regarding  nullification  excite 
ment,  57. 
Mentioned,  275. 

"Patriots"  surrender  arms  to,  64. 
"Patriot"  war,  62-64. 
Report  to,  on  Rhode  Island  affairs,  273. 

Seattle,  Wash. 

Chinese  outrages  at,  218-222,  342,  343. 
Attacked  by  mob,  220. 
Ordered  to  leave,  219. 

Conditions  at,  342,  343. 

Conflict  between  strikers  and  police  and  mili 
tia,  220. 

Federal  troops — 

Effect  of  presence,  218. 
Ordered  to,  220. 
Take  possession,  221. 

Governor- 
Declares  martial  law,  220. 
Requests  Federal  aid,  219. 


INDEX. 


387 


Seattle,  Wash.— Continued. 
Military  measures  for  preservation  of  peace,  220. 
Militia  ordered  out,  220. 
Police  decline  to  interfere,  219. 
Proclamation — 
Governor's,  read  by  United  States  marshals, 

219. 

Reception  by  mob,  220. 
President's— 

Anti-Chinese  agitation,  218. 
Of  martial  law,  221. 
Resumption  of  disturbances,  219. 
Rioting  at,  218. 

Termination  of  disturbances,  221. 
Withdrawal  of  troops,  219. 
j          Secretary  of  Treasury. 

Powers  in  regard  to  execution  of  health  laws,  8. 
Seminoles. 

Removal  from  Florida,  62. 
Sequoia  National  Park,  Cal. 

Prevention  of  trespassing,  7. 
Sevier  County,  Ark. 

Martial  law  in,  125. 
Seward,  F.  W.,  Acting  Secretary  of  State. 

Mentioned,  191,  208. 
Seward,  William  H.,  Governor  of  New  York. 

Dorr's  rebellion,  67. 
Shadrach  Case,  Fugitive  Slave. 
Arrest  and  rescue,  75. 
Escape  to  Canada,  75. 
Shannon,  Wilson,  Governor  of  Kansas. 
Appointed  governor  of  Kansas,  80. 
Authorized  to  require  for  troops  when  needed, 

281. 

Removed  from  office,  83. 
Requests  Federal  aid,  80,  81,  277. 
Shays,  Daniel. 
Rebellion  caused  by,  13-15. 
Cause,  13. 

Disposition  of  rebels,  15. 
Instructions  for  use  of  troops,  14. 
Military  force,  authorized  by  Congress  to  sup 
press,  14. 

Militia  quota,  how  furnished,  14. 
Progress,  14. 

Sympathy  of  people  with,  15. 
Termination,  15. 

^  Towns  seized  by  rebels,  14. 

Sheriffs. 

Authority  of,  defined,  338. 
Restrictions  of  power,  in  regard  to  military,  144. 
Sheridan,  Philip  H.,  Lieutenant-General,  U.  S.  A. 
Absence  from  New  Orleans,  one  cause  of  riots, 

133. 

Arrival  at  New  Orleans,  159. 
Assignment  to,  and  relief  from  command  Fifth 

Military  District,  142. 
Assures  Secretary  of  War  of  ability  to  preserve 

peace,  161,  162. 

Attitude  toward  mayor  of  New  Orleans,  132. 
Course  approved  by  President,  162. 
Instructed  to  proceed  to  New  Orleans,  158. 
Instructions  for  use  of  troops  at  various  places, 

200,  300,  331,  337. 
Mentioned,  131,  135. 
Recommends — 

Arrest  of  leaders  of  troubles  as  banditti,  K'(2. 
Removal  of  mayor  of  New  Orleans,  1  !1 . 


Sheridan — Continued. 
Remarks  regarding  organization  of  Louisiana 

legislature,  160. 

Removes  civil  officials  of  Louisiana,  142. 
Reports- 
Conditions  at  Chicago,  202. 

In  Louisiana,  163. 
Riots  at  New  Orleans  and  cause,  138,  140,  141. 

161,  162,  298,  299. 

Resumes  command  at  New  Orleans,  140. 
Threats  to  assassinate,  161. 
Views  regarding  use  of  Army  as  posse  comita- 

tus,  210. 

Sherman,  William  T.,  General,  U.  S.  A. 
Disturbances  at  San  Francisco,  85-92. 
Directed  to  call  out  militia,  88. 
Militia  ordered  to  report  to,  288. 
Opinion  of  State  authorities,  87. 
View  as  to  responsibility  for  acts  of  vigilance 

committee,  92. 
Instructions  to  Colonel  Emory  regarding  use  of 

troops,  306. 

Instructions  to,  regarding — 
Arkansas  dispute,  177. 
Interference  by  Federal  troops  with  peaceable 

assemblages,  307. 

South  Carolina  disturbances,  184,  186,  197. 
Use  of  troops  in  New  Mexico,  209,  210,  337. 
Views  regarding  use  of  Army  as  posse  comita- 

tus,  210. 
Shoshone  County,  Idaho. 

In  insurrection  from  1892,  247. 
Simmons,  James  F.,  Member  Rhode  Island  com 
mittee  soliciting  Federal  aid,  275. 
Simms,  Charles,  Colonel,  Collector  for  Virginia. 

Ordered  to  seize  sloop  evading  law,  53. 
Simms,  Thomas  M. 
Fugitive  slave,  75,  76,  89-91. 
Returned  to  Savannah,  76. 
Sinclair,  Bartlett,  Auditor,  State  of  Idaho. 
Prohibits  employment  of  miners  not  possessing 

State  permits,  251. 
Recommends  martial  law,  250. 
Report  of  conditions  at  Wardner,  250. 
Smith,  Hoke,  Secretary  of  the  Interior. 

Appeal  to,  for  Federal  aid  in  Oklahoma,  2b5. 
Smith,  Persifer  F.,  Major-General,  U.  S.  A. 
Governor  Geary  informs,  no  further  need  for 

troops,  286. 
Orders  regarding  retention  of  troops  in  Kansas, 

286. 

Request  from  Governor  Geary  for  two  compa 
nies  of  militia,  284. 
Troubles  in  Kansas,  284,  286. 
Smith,  Samuel,  General,  Maryland  Militia. 

Whisky  insurrection,  38. 

Smith,  V.  V.,  Lieutenant-Governor  of  Arkansas. 
Applies  to  President  for  fulfillment  of  Constitu 
tional  guaranty,  180. 
Claims  governorship,  179. 

President  Grant  declines  to  interfere  in  be 
half,  180. 

Proclamation  by,  claiming  governorship.  179. 
Smith,  William  H.,  Secretary  of  State,  Dorr  Gov 
ernment. 

Dorr's  rebellion,  65-7?,  264-277. 
Mentioned,  269. 


388 


INDEX. 


South  Carolina. 

Affair  at  Unionville,  120. 
Government  declared  illegal,  107. 

Reconstruction  accomplished,  108. 
Governors — 

Chamberlain,  D.  H.,  183-187. 
Hampton,  Wade,  183-187. 
Scott,  Robert  K.,  119-148,  182. 
Insurrection  declared  in,  103. 
Ku-Klux-Klan,  182. 
Militia,  58,  61,  104,  119,  120,  182,  183. 
Negro  insurrection  of  1831,  56. 
Nullification  excitement,  56,  57,  58. 
Hostility  toward  tariff  laws,  57. 
Legislature  declares  tariff  laws  unconstitu 
tional,  57. 

Recession  from  opposition,  57. 
Steps  taken  to  resist  enforcement  of  tariff 

law.s,  58. 

Threatens  secession,  57. 
Political  disturbances  in,  182-188. 
Applications  for  Federal  aid,  186. 
Armory  attacked  by  opponents  of  negro  mili 
tia,  183. 

Causes  which  led  to,  182. 
Colored  men,  capture  and  punishment,  183. 
Documents  regarding,  187. 
Ejection  of  contending  members,  186. 
Elections  of  1876,  trouble  caused  by,  185. 
Federal  interference,  opposition  to,  187. 
Federal  troops  withdrawn,  187. 
Governor  applies  for  Federal  aid,  183, 185. 
Hampton,  Wade,  declared  elected  by  legisla 
ture,  187. 

Demands  surrender  of  statehouse,  187. 
Government  transferred  to,  187. 
Instructions  for  use  of  Federal  troops,  184, 

185,  186. 

Insurrection  proclaimed  by  President  to  ex 
ist,  183. 
Limitation  to  exercise  of  power  regarding  use 

of  Army,  188. 
Militia  company,  demand  for  disarmament 

of,  182. 
Organization,  separately,  of  opposing  factions 

of  legislature,  185. 
President  Grant  declines  to  interfere  further 

than  to  preserve  peace,  187. 
Recognizes  D.  B.  Chamberlain  as  governor, 

186. 
President's  stand  in  regard  to  disturbances  in 

South  Carolina  legislature,  186. 
Proclamation— 

By  governor,  disbanding  armed  organiza 
tions,  183. 

Protest  of  people  against,  184. 
Protest   against   placing    Federal  troops  in 

statehouse,  187. 
General  Ruger's  reply  to,  187. 
Rifle  clubs,  1876,  183. 
Nature  and  purpose  for  which  organized, 

184. 

Submission  and  disbandment,  185. 
Riot  at  Ellenton,  S.  C.,  and  casualties,  183. 
Settlement  of  controversy,  187. 
Position  in  regard  to  guaranty  clause  of  Con 
stitution,  17,  19,  20. 


South  Carolina— Continued. 
Ratines  Federal  Constitution,  20. 
Reconstruction  disturbances,  120-123. 
Appeal  for  Federal  aid,  123. 
Arrests  of  suspects,  122. 
Federal  troops  used  in  quelling,  120,  122. 
Habeas  corpus  writ  suspended,  122. 
Ku-Klux  operations,  119. 
Martial  law  proclaimed  in  certain  counties, 

122. 

Outrages  committed  by  Ku-Klux-Klan,  120.  4 

Trial  and  punishment  of  participants,  122. 
Report  of  commanding  officer,  United  States 

troops  in  regard  to,  120. 
Riot  of  1876,  at  Hamburg,  182. 
Riot  at  Laurens,  119. 
Secession  from  the  Union,  101. 
Southampton  County,  Va. 
Negro  insurrection  in,  56. 
Compared  to  John  Brown  raid,  101. 
Use  of  Federal  troops  to  suppress,  261. 
Southwestern  Frontier. 
Troubles  on,  45-49. 

Attitude  of  Spanish  residents  increases  diffi 
culty,  46. 

Militia  of  Orleans  and  Missouri,  ordered  un 
der  arms,  46. 
Need  for  troops  on,  72. 
Spain,  attitude  toward  United  States,  45. 

War  with,  considered  inevitable,  46. 
Spanish  forces — 

Invade  Orleans  Territory,  46. 
Spanish  territory,  efforts  of   American  resi 
dents  of  to  throw  off  Spanish  yoke,  45. 
Southern  Pacific  Railroad. 
Authorized  to  connect  with  Atlantic  and  Pacific 

Railroad,  and  land  grant  to,  10. 
Southern  States. 
Declared  in  insurrection,  103. 
Governments  declared  illegal,  107. 
Readmission  into  Union,  143. 
Reconstruction  accomplished,  108. 
Secession  ordinances,  101. 
Spain. 

Border  troubles,  45-46. 
War  of  1898  with,  241,  242. 
Spartanburg  County,  S.  C. 

Martial  law  declared  in,  122.  * 

Outrages  committed  in,  120. 
Spencer,  J.  C.,  Secretary  of  War. 
Instructions  regarding  affairs  in  Rhode  Island, 

68,  69,  271,  272,  275. 
Remarks  regarding   protection  of   Southwest 

border,  72. 

Sprague,  P.,  United  States  district  judge,  Massa 
chusetts. 

Anthony  Burns's  riots,  call  for  Federal  posse,  77. 
Sprague,  William. 
Member   Rhode    Island    committee  soliciting 

Federal  aid,  275. 
Mentioned,  274. 
Springfield,  Mass. 
Seized  by  insurgents,  14. 

Assault  on  United  States  arsenal  at,  15. 
Squire,  Watson  C.,  Governor  of  Washington  Ter 
ritory. 
Asks  for  Federal  aid,  219. 


INDEX. 


389 


Squire,  Watson  ('. — Continued. 
Proclamations- 
Declaring  martial  law,  343. 
Forbidding     participation    in    anti-Chinese 

riots,  341. 

Ordering  out  military  in  Seattle,  342. 
Reports    to    Secretary  of   State  conditions  in 

Washington  Territory,  341. 
St.  Albans,  Vt. 
Fenians  assemble  at,  112. 

Standbier  Army. 

Objections  and  opposition  to.  22,  25,  29. 

Use  of,  29. 
Stanhope,  Philip  W.,  Captain,  U.  S.  A. 

Riots  at  Norfolk,  Va.,  109. 

Disperses  negro  meeting,  109. 
Stanton,  E.  M.,  Secretary  of  War. 

Instructions  re  New  Orleans  riots,  134,  300. 
Stanton.  \.  Mex. 

Outrages  committed  by  "Wrestlers"  near,  208. 

State,  Secretaries  of. 

Bayard,  Thomas  F.,  219,  340. 

Cadwallader,  John  L.,  Acting,  184. 

Cass,  Lewis,  57,  287. 

Davis,  J.  C.  Bancroft,  Acting,  152. 

Evarts,  William  M.,  123,  193,  210,  211. 

Fish,  Hamilton,  156,  177. 

Foster,  John  W.,  224. 

Frelinghuysen,  Frederick  F.,  213. 

Gresham,  Walter  Q.,  231. 

Madison,  James,  47,  51. 

Marcy,  William  L.,  82,  84,  90,  280,  281,  284,  285. 

Pickering,  Timothy,  44. 

Randolph,  Edmund,  37,  38. 

Seward,  F.  W.,  Acting,  191,  208. 

Webster,  Daniel,  276. 
States. 

Constitutional  guaranty  to,  5,  13-32. 

Control  of,  when  ceases,  259. 

Insurrection  in,  suppression  of,  42. 

Interdependence  of,  13. 

Lawful  government  to  be  decided  by  Presi 
dent,  55. 

Legislature- 
Authority  to  determine  lawful  governments, 

178. 
Last  means  of  invoking  Federal  aid,  179. 

Reorganization  of  governments  after  civil  Avar, 
107. 

Suppression  of  insurrection,  etc.,  9,  42. 

Troops,  number  of  calls  for,  260. 
St.  Bernard  Parish,  La. 

Conflict  in,  145. 

Massacres  in,  131. 
Steultenville,  Ohio. 

Blockade  of  railroad  traffic  at,  198. 
Steunenfoerer,  Frank,  Governor  of  Idaho. 

Applies  for  Federal  aid,  247. 

Assumes  charge  at  Wardner,  251. 

Report  to,  of  conditions  in  Idaho,  250. 
St.  Landrj  Parish,  La. 

Massacres  in,  131. 
St.  Louis,  Mo. 

Appeals  for  Federal  aid,  203. 

Citizens  organize  and  arm,  203. 
Danger  of  situation  increases,  203. 


St.  Louis,  Mo.— Continued. 
Federal  troops- 
Ordered  to,  202,  333. 
Take  possession  of  East  St.  Louis,  203. 
Instructions  as  to  use  of  Federal  troops,  333. 
President  declines  to  interfere  in  East  St.  Louis 
further  than  to  protect  United  States 
property,  203. 

Resumption  of  business,  203. 
Rioting  July  1,  1877,  at,  202. 
Situation  at  East  St.  Louis,  203. 
Strike  reaches,  202. 

Workshops  close  in  sympathy  with  strikers,  203. 
St.  Martins  Parish,  La. 
People  refuse  to  pay  taxes,  151. 
Surrender  to  Federal  troops,  151. 
Declaration  of  principles,  151. 
Stokeley,  W.  T.,  Mayor  of  Philadelphia. 

Informs  of  conditions  at  Buffalo,  N.  Y.,  320. 
Stockton,  Cal. 

Organization  of  vigilance  committee  at,  86. 
Stoneman,  (Jeorge,  Major-General,  U.  S.  A. 
Assumes  military  control,  111. 
Memphis,  Tenn.,  riots  of  1866  at,  109-111. 
Notifies  mayor  of  intention  to  preserve  order, 

111. 

Suspends  civil  officials,  111. 
Story,  Joseph,  Chief  Justice. 
Remarks  on  guaranty  clause  of  Constitution,  31. 
View  as  to  gxiaranty  of  State  rights,  92. 
Strickler,    H.    J.,    Adjutant-General,    State    of 

Kansas. 

Directed  to  disarm  and  disband  militia,  283. 
Suffolk  County,  Mass. 
Quota  of  militia,  14. 
Sumner,  Edwin  Vose,  Colonel,  U.  S.  A. 
Declines  to  respond  to  call  from  governor  of 

Kansas,  81. 

Directed  to  aid  governor  of  Kansas,  82. 
Instructions   to.   regarding   use   of    troops  in 

Kansas,  280. 

Kansas  troubles,  79-85,  280. 
Sumner,  Fort,  \.  Mex. 

Outrages  committed  near,  208. 
Supply,  Fort,  Utah. 

Burned  by  Mormons,  95. 
Supreme  Court  of  United  States. 
Decision  as  to  power  of  President  to  interfere  in 

State  disturbances,  70. 
Opinion  as  to— 

Determination  by  President  of  legal  govern 
ment,  130. 
Enforcement  of  laws  by  General  Government, 

238. 

Opinion  regarding  war  of  the  rebellion,  104. 
Syracuse,  ?f.  Y. 

Rescue  of  slaves  at,  75. 
Suttle,  Charles  F. 
Anthony  Burns's  riots,  requests  arrest  of  Burns, 

76. 

Tacoma,  Wash. 
Anti-Chinese  riot  at,  218. 
Caused  by  municipal  protection  of  Chinese, 

215. 

Taft,  Alphonso,  Attorney-General. 
Informs  governor  of  South  Carolina  of  Presi 
dent's  stand  in  regard  to  organization  of 
legislature,  186. 


390 


INDEX. 


Taylor,  Zachary,  Major-General,  U.  S.  A. 
Commands  troops  on  Mexican  border,  73. 
Requisition  for  militia,  73. 
Tennessee. 

Franklin  riot,  1867,  114. 
Governor  orders  arrest  of  Aaron  Burr,  48. 
Governoi  William  G.  Brownlow,  114-119. 
Insurrection  declared  in,  103. 
Memphis  riot,  1866,  109-111. 
Militia  furnished  in  Sabine  affair,  60. 
Militia  quota,  Cherokee  intruders,  62. 
Nashville  election  troubles,  114. 
Operations  of  the  Ku-Klux-Klan,  117. 
Refuses  to  furnish  military  quota,  105. 
Reorganization  of  State  government,  107. 
Terre  Haute,  Ind. 

Troops  sent  to,  to  disperse  rioters,  200. 
Territories. 

Constitutional  guaranty  not  applicable  to,  338. 
Disturbances  1878-1894  in,  206-227. 
Terry,  I».-i\  nl  S.,  Judge,  Supreme  Court  of  Cali 
fornia. 
Disturbances  in  San  Francisco,  91. 

Arrest  by  vigilance  committee,  91. 
Texas. 
Annexation  of,  73. 

Cause  of  war  with  Mexico,  73. 
Declared  in  insurrection,  103. 
Government  declared  illegal,  107. 

Reconstruction  accomplished,  108. 
Lawlessness,  1868-1870,  in,  127-129. 
Arrest  and  punishment  of  offenders,  129. 
Constitutional  convention,  1868,  view  of  spe 
cial   committee   as    to   conditions   in 
Texas,  128. 

Democratic  convention,  1868,  view  on 
"crime"  and  lawlessness  and  their 
causes,  128. 

Federal  troops,  distribution  in  Texas,  128. 
Organization  of  militia  and  police,  129. 
Reports  on,  127. 
Suppression  of,  129. 
Riot  at  Millican,  1868,  128. 
Sabine  affair,  1836,  60. 
Seizure  of  military  depots,  etc.,  101. 
Thomas,  George  H.,  Major-General,  U.  S.  A. 
In  charge  of  affairs  at  Nashville,  Tenn.,  115. 

Instructions  to,  116. 
Ku-Klux-Klan  troubles. 
Extract  from  report  on,  117. 
Position  in  re,  117. 
Thornton,  W.  T.,  Governor  of  New  Mexico. 

Asks  for  Federal  aid,  234. 
Tillinghast,  Joseph  L. 
Member  Rhode   Island    committee   soliciting 

Federal  aid,  275. 
Titus,  H.  T.,  Colonel,  Kansas  Militia. 

Disturbances  in  Kansas,  283. 
Toledo,  Ohio. 

Stoppage  of  railroad  traffic  at,  199. 
Tomklns,  Daniel,  Governor  of  New  York. 

Correspondence  with  President  Jefferson,  52. 
Topeka,  Kans. 

Anti-slavery  convention  at,  80. 
Townsend,  E.  I).,  Adjutant-General,  U.S.A. 
Communication  to  governor  of  Michigan,  de 
nying  request  that  Federal  troops  be 
made  subject  to  his  order,  331. 


Townsend,  E.  I).— Continued. 
Informs— 

General  Hancock,  of  troops  placed  under  his 
orders,  and  of  President's  directions  for 
conduct  of  affairs,  320. 
Governor  of  Illinois,  of  troops  to  be  sent  to 

Chicago,  329. 

Instructions  for  guidance  of  military  command 
ers  at— 

Chicago,  111.,  201,  330,  331. 
In  labor  strikes  in  Pennylvania,  324. 
Little  Rock,  Ark.,  167,  177. 
New  Orleans,  La.,  140,  156,  305. 
St.  Louis,  Mo.,  333. 

Notifies  governor  of  California  to  apply  to  Gen 
eral  McDowell  for  arms,  etc.,  335. 
Preservation  of  peace  in  District  of  Columbia, 

333. 

Use  of  troops  in  emergency,  332. 
Treasury,  Secretaries  of. 
Gallatin,  Albert,  50,  54, 
Hamilton,  Alexander,  21,  35. 

Truesdell,  ,  Englishman. 

Lawlessness  in  New  Mexico,  killed  by  mob,  337. 
Trusts,  Etc. 
Declared  illegal,  9. 

Punishment  for  formation,  9. 
Tupper,  T.  C.,  Major,  U.  S.A. 
Apache   campaign,    engagement   in    Hatchet 
Mountains,  Ariz.,  214. 

Twitchell, ,  Tax  Collector  and  Postmaster, 

Coushatta,  La. 

Murdered  during  political  disturbances,  152. 
Tyler,  John,  President  United  States. 
Appeal  to,  for  aid,  272, 274. 
Answers  to  Governor  King's  appeals  for  aid, 

265, 273. 

Assurances  of  protection  for  Rhode  Island,  68. 
Congratulations  on  termination  of  Dorr  insur 
rection,  70. 
Declines  to  decide  as  to  lawful  government  of 

Rhode  Island,  265. 

Declines  to  interfere  in  Rhode  Island  disturb 
ances,  268. 

Defines  duties  of  President  in  regard  to  domes 
tic  disturbances,  266. 
Directions  as  to  procedure  of  military  forces  in 

Rhode  Island  affairs,  69, 270, 271, 275. 
First   occasion    to   decide  as  to    insurrection 

against  State  government,  65. 
Member  of  Virginia  Constitutional  Convention, 

opposes  adoption  of  Constitution,  21. 
Message  to  Congress,  69. 
Opinion  as  to  determination  by  President  of 

lawful  government,  130. 
Proclamations,  — . 

Remarks  on  termination  of  Dorr  rebellion,  69. 
Requires  compliance  with  guaranty  section,  68. 
Tentative  proclamation   regarding  affairs   in 

Rhode  Island ,276. 
Union  County,  S.  C. 

Martial  law  declared  in,  122. 
Union  Pacific  Railroad  Company. 
Grant  of  land  to,  10. 
Designation   as   postal    route   and   military 

road,  10. 

IJnlon  Stock  Yards  Transit  Company,, 
Strike  ordered  on,  228. 


INDEX. 


391 


Unionvllle,  S.  C. 

Raid  on  jail  at,  120. 
Riot  of  January  12,  1871,  120. 
United   States  Circuit  Court,  Northern  District 

Illinois. 
Adjudges  strike  leaders  guilty  of  contempt  for 

violation  of  injunction.  237. 
Appealed  from,  237. 
Sustained  by  United  States  Supreme  Court, 

238. 

United  States  Marshals. 
Relations  with  military  defined,  144,  145,  301, 

306,  338. 

Utah  Territory. 

Anti-Chinese  feeling  extends  to,  222. 
Camp  Winfield,  Utah  expedition  arrives  at,  94. 
Disorder  at  Salt  Lake  City,  1885.  214. 
Disturbances  at  Provo,  97-99. 
Expedition  of  1857  to,  commander,  instructions 

to,  94. 

Composition,  94. 

Fort  Scott,  reenforcements  arrive  at,  96. 
Governors— 

Cummings,  Alfred,  93-97, 293-296. 
Murray,  Eli  H.,  214. 
Young,  Brigham,  93-96,293-296. 
Lack  of  government,  93. 
Mormon  rebellion,  93-96, 293-297. 
Van  Buren,  Martin,  President  United  States. 

Proclamation,  warning  to  American  citizens,  63. 
Vandalia  Railroad. 

Strike  on,  200. 

Van  Rensselaer.  Rensselaer. 
"  Patriot  war" — 

Arrested  by  United  States  marshal,  64. 
Commands  patriot  forces,  62. 
Van  Rensselaer,  Solomon.  General. 

Father  of  preceding,  62. 
Vermont. 
Governor  orders  out  militia  to  enforce  embargo 

act,  50, 51. 
Vessels  or  Cargo. 

Unlawful  to  take  detained,  from  customs  offi 
cials,  10. 
Vincennes,  Ind. 

Troops  sent  to,  to  disperse  rioters,  200. 
Vincent,  Thomas  M.,  Colonel,  Assistant  Adjutant- 
General,  U.S.A. 

Instructions  re  use  of  Federal  troops,  316, 318, 319. 
Virginia. 

Constitutional  Convention,  debates  on  the  Con 
stitution,  21-29. 

Constitution,  rule  of  interpreting,  26. 
Insurrections,  power  of  suppressing,  by  whom 

exercised,  28. 

Invasions,  power  of  repelling,  28. 
Militia- 
Clause  of  Constitution,  debate  on,  21. 

Calling  forth,  to  quell  riots,  27. 
Inadequacy  as  sole  means  of  defense,  25. 
Provision  for  calling  out,  debate  on,  21-29. 

Power  of  State  regarding,  22,  28. 
Mob  law  of  England,  27. 
Posse  comitatus,  remarks  on  use  of,  23. 
Power  of  Congress — 
In  regard  to  militia,  21,  24,  28. 
Raising  armies,  27. 


Virginia— Continued. 
Constitutional  Convention — Continued. 
Riots,  quelling  by  civil  force,  27. 
Standing  army,  opposition  to  establishment, 

22. 

Remarks  on  danger  of,  25. 
State  governments,  authority  over  militia, 

extent,  28. 

State  legislature,  power  regarding  militia,  24. 
First  requisition  on,  for  troops,  37. 
Government  declared  illegal,  107. 

Reconstruction  accomplished,  108. 
Governors- 
Lee,  Henry,  37-41. 
Randolph,  Edmund,  16-26. 
Wise,  Henry  A. ,99,  101,  297. 
Harpers  Ferry  affair,  100. 
Insurrection  declared  in,  103. 
Negro  insurrection,  56. 

Position  in  regard  to  guaranty  clause  of  Consti 
tution,  17,  19,  20. 

Ratifies  Federal  Constitution,  21. 
Refuses  to  furnish  quota  of  volunteers,  105. 
Riots  of  1866  at  Norfolk,  108. 
Threatened  revolt  of  slaves,  56. 
Volunteer. 

Demonstration  of  effectiveness,  240. 
Displaces  militia,  105. 

System,  Secretary  Cameron's  remarks  on,  105. 
Voorhees,  Albert,   Lieutenant-Governor,   Louisi 
ana. 

Intentions  toward  State  constitutional  conven 
tion,  134. 
Note  to  President,  regarding  interference  of 

military,  135. 

Suggests  use  of  military  to  preserve  order,  135. 
Wabash  Railroad  System. 
Strike  ordered  on,  228. 
Waite,  Davis  H.,  Governor  of  Colorado. 
Declines  to  return  National  Guard  to  armory, 

226. 
Enjoined  from  removing  municipal  officers  of 

Denver,  225. 

Declines  to  recognize  injunction,  225. 
Requests  aid  of  Federal  troops,  225. 

Withdraws  request,  227. 
Statement  of  reasons  for  call  for  troops,  226. 
Walker,  Edwin,  Special  United  States  Counsel  at 

Chicago. 

Railroad  strikes  of  1894,  229. 
Walker,  Robert  J.,  Governor  of  Kansas. 
President's  instructions  to,  287. 
Requests  Federal  troops  to  suppress  insurrection 

at  Lawrence,  286. 
Succeeds  Governor  Geary,  84. 
War  of  the  Rebellion,  101-106. 
Civil  war,  when  existent,  104. 
Declaration  of  war,  Congress  alone  has  power 

to  make,  104. 
Domestic  disturbances,  freedom  from,  during 

period  of,  106. 
First  call  for— 
State  troops,  102. 
"Volunteers,"  102. 
Insurrection  declared— 
In  Southern  States,  103. 
Terminated,  103. 


392 


INDEX. 


War  of  the  Rebellion— Continued. 
Message  of   President  regarding  secession  of 

Southern  States,  102. 

Military  quota,  refusal  of  certain  States  to  fur 
nish,  105. 
Militia,  President  calls  for  100,000  from  certain 

States,  105. 
Powers  of  President  in  regard  to  declaration  of 

war,  104. 
Purpose  of,  102. 
Regular  Army,  increase,  102. 
Respond  to  call  for  troops,  105. 
Secession  resolutions,  101. 
Seizure  of  arms  and  funds  in  Southern  States, 

102. 
Southern  States,  military  depots,  etc.,  in,  seized, 

101. 

Volunteers — 

Apportionment  under  first  call,  105. 
As  new  military  factor,  104. 
Calls  for,  102, 105, 106. 

Extract  from  report  of  Provost-Marshal-Gen 
eral  regarding,  105. 

Congress  authorizes  acceptance  of  500,000, 104. 
War  powers  of  President,  enlarged  by  Congress, 

102. 
War  Powers. 

Assumed  by  Congress,  104. 
War,  Secretaries  of. 

Belknap,  William  W.,  158,  161,  162,  307,  310. 
Cameron,  James  Donald,  184,  185,  186. 
Cameron,  Simon,  105. 
Cass,  Lewis,  57,  287. 
Conrad,  Charles  M.,  75. 
Crawford,  George  W.,  73. 
Davis,  Jefferson,  99,  280. 
Elkins,  Stephen  B.,  224,  346. 
Endicott,  W.  C.,  220,  222,  345. 
Floyd,  John  B.,  82,  98,  296. 
Lamont,  Daniel  S.,  226,  234,  348. 
Lincoln,  Robert  T.,  212. 

Marcy,  William  L.,  82,  84,  90,  280,  281,  284,  285. 
McCrary,  George  W.,  192,  195,  200,  202,  205,  209, 
210,  315,  316,  318-321,  324,  326,  328,  329,  330, 
331. 

Ramsey,  Alexander,  210. 
Root,  Elihu,  243,  253,  254. 
Spencer,  John  C.,  72,  271,  272,  275. 
Stanton,  Edwin  M.,  134,  300. 
War  with  Spain,  1898,  241-243. 
Appointment  of  officers,  241,  242. 
Call  for  and  apportionment  of  volunteers,  242. 

Organization  of  volunteers,  241. 
Cause  of,  241. 

Expectation  of  War  Department,  as  to  prepared- 

nessof  National  Guard,  not  realized,  243. 

Extract  from  report  of  Adjutant-General,  1899, 

regarding  National  Guard,  243. 
Immune  regiments,  organization  for  tropical 

service,  242. 

Increase  and  reorganization  of  Army,  241. 
Muster  out  of  volunteers,  242. 
Withdrawal  of  troops  from  Philippines,  242. 
Warm  Spring  Apaches. 

Outrages  in  Arizona  attributed  to,  214. 
Warmoth,  Henry  C.,  Governor  of  Louisiana. 
Adjudges  John  McEnery  elected,  148. 
Asks  noninterference  of  Federal  Government, 
148,  303. 


Warmoth.  Henry  ('.—Continued. 

Cause  of  friction,  116. 

Elected  governor  of  Louisiana,  142. 

Fortified  in  State  armory,  3'M. 

Mentioned,  149,  30:?.  305,  30(i. 

Nominee  of  Republican  wing,  147. 

Proclamation,  calling  upon  people  to  maintain 
order,  145. 

Request  for  Federal  aid,  144,  146. 

Suspended  by  legislature,  14S. 
Warren,  Francis  E.,  Governor  of  Wyoming. 

Asks  for  Federal  aid,  215-217. 

Thanks  for  Federal  protection  afforded  Chinese 

residents,  3H). 
Washington  County,  Pa. 

Designated  as  insurgent,  39. 

Insurrection  in,  34. 
Washington  Arsenal,  D.  C. 

Troops  ordered  to  Martinsburg,  W.  Va.,  from, 

190,  316. 
Washington,  Ueorge,  President  United  States. 

Influence  of,  21. 

Member   Federal    Constitutional   Convention, 
15-21. 

Proclamations — 
Re  whisky  insurrection,  35,  41. 
Extract  from  messages  relative  to,  41. 
Instructions  to  Governor  Lee,  39. 
Organizes  campaign  against,  38. 
Washington  Xavy-Yard. 

Marines  from,  sent  to  Baltimore,  Md.,  192. 

Marines  from,  sent  to  Harpers  Ferry.  Va.,  100. 
Washington  Territory. 

Anti-Chinese  demonstrations  extend  to,  218. 

Chinese  outrages,  218-221,  341-344. 

Governor  begs  for  assistance,  218. 

Governor  Watson  C.  Squire,  27.5-276,  340-344. 

Martial  law  declared,  343. 

Militia  called  out,  342. 

Proclamations  by  governor,  218,  341-343. 

Renewal  of  outrages,  218. 

Report  of  conditions  in  Washington  Territory, 
341. 

Request  for  Federal  aid,  342. 

Riots  at— 
Seattle,  218-221. 
Tacoma,  218. 

Use  of  Federal  troops,  instructions,  218,  344. 
Wrel>ster,  Daniel. 

Secretary  of  State,  276. 
Watertown,  X.  Y. 

Arsenal  at,  plundered.  64. 

Watson,  —  — ,  United  States  Marshal,  Mobile, 
Ala. 

Mentioned,  129. 
Wayne,  Fort,  Mich. 

"  Patriots"  surrender  at,  64. 
Weideman, ,  Desperado. 

Lawlessness  in  New  Mexico,  337. 
Wells,  Heber,  Mormon  Commander. 

Commands  Mormons  during  Mormon  rebellion, 
115. 

Strength  of  forces,  95. 
Wrells,  J.  Madison,  Governor  of  Louisiana. 

Explanation  demanded  by  President  regard  ing 
convention,  141. 

Mentioned,  133, 134. 

Remarks  as  to  conditions  in  Louisiana,  132.. 

Removed  from  office,  142. 

Sides  with  convention,  135. 


INDEX. 


393 


Westmoreland  County,  Pa. 

Designated  as  insurgent,  39. 
West  Virginia. 

Governor,  Henry  M.  Mat-hews,  189,  315. 
Instructions    for   guidance    of   military    com 
manders,  316. 

Labor  strikes  of  1877,  189-191. 
Report  of  conditions  at  Martinsburg,  317. 
Request  for  Federal  aid,  315. 
Statement  by  governor  of  conditions  in,  315. 
Warning  by  military  commanders  to  strikers 

and  rioters,  317. 
Wheeler,  Edward,  Secretary  of  State,  Arkansas. 

Political  disturbances  in  Arkansas,  180. 
Whipple,  John,  Member  Rhode  Island  Committee. 

Dorr's  rebellion,  66, 264, 265. 

Whipple,  William  I). ,  Colonel,  Assistant  Adjutant- 
General,  U.  S.  A. 
Instructions  to — 

Colonel  Emory,  regarding  use  of  troops,  306. 
Regarding  recognition  of  Governor  Baxter, 

177. 
Report  to,  of  conditions  at  New  Orleans,  La., 

307. 

Whisky  insurrection,  33-41. 
Assemblage  of  insurgents  on  Braddock's  field, 

Pa.,  34. 

Call  for  Federal  aid,  34. 
Campaign  against,  instructions  for,  39. 
Cause  and  progress,  34. 

Certain  counties  of  Pennsylvania  declared  in 
surgent,  39. 

Conduct  of  military  commander,  40. 
Cooperation  of  military  with  civil  authorities, 

40. 

Counties  in  insurrection,  31. 
Demonstration  against  Fort  Pitt,  Pa.,  34. 
Designation  of  commanders  of  Federal  forces, 

41. 

Disposition  of  offenders,  40. 
Insurgents  enter  Pittsburg,  Pa.,  34. 
Militia  called  forth,  objects  and  enforcement, 

39. 

Movement  of  troops  against  Bedford,  Pa.,  37. 
Parkinsons  Ferry,  Pa.,  objective  of  Federal  col 
umn,  39. 

Points  of  rendezvous  for  troops,  37. 
Position  of  Governor  Mifflin,  34. 

Opinions  of,  35. 
Proclamation — 
Calling  forth  militia,  35. 
Disregarded  by  insurgents,  37. 
Ordering  dispersion  of  insurgents,  33. 
Prompt  response  to,  41. 
Requisition  for  State  troops,  37. 
Termination,  41. 

Whiting,  FaMus,  Captain,  U.  S.  A. 
Ordered  to  Newbern,  N.  C.,  to  maintain  peace, 

263. 
Report  of  conditions  at  Newbern,  N.  C.,  263. 

Wilkinson, ,  Governor  of  Vermont. 

Ordered  to  discharge  militia,  52. 
Wilkinson,  James,  Brigadier-General,  U.  S.  A., 

Governor  of  Louisiana  Territory. 
Aaron  Burr's  conspiracy,  46-50. 
March  to  Southwest  frontier,  46. 
Report  on  conduct,  49. 

Sends  papers  regarding  Burr's  conspiracy  to 
Washington,  47. 

S.  Doc.  209 26 


Willcox,  Orlando  B.,  Brigadier-General,  U.  S.  A. 
Apache  outrages  in  Arizona,  213. 
Opposes  organization  of  body  of  deputy  sheriffs 

in  Arizona,  213. 

Willey,  Xorman  B.,  Governor  of  Idaho. 
Asks  aid  of  Federal  troops,  223. 
Assistant  Secretary  of  War  informs  of  steps  to 

insure  Federal  protection,  345. 
Continuance  of  troops  at  Cceur  d'Alene,  346. 
Williams,  George  H.,  Attorney-General. 
Assures  Governor  Pinchback  of  Federal  protec 
tion,  303. 
Denies  request  for  delivery  of  Arkansas  State 

arms,  167. 

Governor  Baxter  states  his  position  to,  310, 311. 
Informs— 
Governor  Pinchback  of  his  recognition  by 

President,  304. 
Mayor  of   Little  Rock,  Ark.,  that  President 

can  not  interfere,  169. 
Instructions  regarding  use  of  Federal  troops, 

306-308. 

Opinion  in  the  Arkansas  dispute,  178. 
Williams,  James  D.,  Governor  of  Indiana. 

Requests  Federal  aid,  200,  327. 
Williams,  Robert,  Lieutenant-Colonel,  Assistant 

Adjutant-General,  U.  S.  A. 
Requests   instructions  as  to  use  of  troops  in 

emergency,  332. 
Adjutant-General's  reply,  332. 

Willis, ,  Justice  of  Peace,  Louisiana. 

Murdered  during  political  disturbances,  152. 
Wilmer,  Joseph  P.  B.,  Bishop  of  New  Orleans,  La. 

Political  disturbances  in  Louisiana,  163. 
Wilshire,  W.  W. 
Communication  to,  from  Arkansas  legislature, 

311. 
Wilson,  Henry. 

Remarks  on  passage  of  fugitive-slave  act,  74. 
Wilson,  James,  Governor  of  Pennsylvania. 
Asks  Federal  aid,  34. 
Associate  Justice,  United  States  Supreme  Court, 

34. 
Member  of  Federal  Constitutional  Convention — 

Debate  on  guaranty  clause,  17,  18. 
Member  of  Pennsylvania  Constitutional  Con 
vention — 

Remarks  on  use  of  standing  armies,  29. 
Notifies  President  of  insurrection,  36. 
Wiltz,  Louis  A.,  Ex-Speaker,  Louisiana  Legisla 
tion. 

Call  for  Federal  assistance  granted,  160. 
Declares  himself  speaker  of   Louisiana  legis 
lature,  159. 

Protests  against  Federal  interference  in  Louisi 
ana  legislature  disturbances,  160. 
Winn  Parish,  La. 

Political  murders  in,  131. 
Winooski  River,  Vermont. 

Encounter  between  militia  and  smugglers  on,  52. 
Wisconsin. 

Glover  fugitive  slave  case,  1854,  78. 
Governor  requests- 
Authority  to  use  old  soldiers  to  suppress  in 
surrection,  334. 
Federal  aid,  204. 

Wise,  Henry  A.,  Governor  of  Virginia, 
Report  of  action  in  connection  with  Harpers 
Ferry  raid,  297. 


394 


INDEX. 


Woodruff  County,  Ark. 

Martini  law  declared  in,  125. 
Woodson,  Daniel. 
Secretary  and  acting  governor  of  Kansas,  83, 

282-283. 

Attacks  Osawatomie,  83. 
Declares  existence  of  insurrection,  83. 
Wool,  John  Ellis,  Major-General,  U.  S.  A. 
Dorr's  rebellion,  68,  271. 

Instructions  to,  regarding,  68. 
San  Francisco  vigilance  committee- 
Governor   of  California  calls  for  arms  and 

ammunition,  88. 
Denies  request,  88. 
View  as  to  responsibility  for  acts  of  vigilance 

committee,  92. 
Worcester,  Mass. 
Seized  by  insurgents,  14. 

Quota  for  militia,  14. 
Worth,  William  J.,  Lieutenant-Colonel,  U.  S.  A. 

Negro  insurrection,  261,  262. 
"Wrestlers." 

(See  Lawlessness  in  New  Mexico,  1878.) 
Wyoming. 

Governor  Francis  E.  Warren,  215-217,  340. 
Rock  Springs  massacre,  215-218. 


Yesler,  Henry  L.,  Mayor  of  Seattle,  Wash. 

Applies  to  governor  for  aid,  342. 
York  County,  S.  C. 

Ku-Klux  outrages  committed  in,  120. 

Martial  law  declared  in,  122. 
Yorkvllle,  S.  C. 

United  States  troops  sent  to,  120. 
Yosemlte  National  Park,  Cal. 

Prevention  of  trespassing,  7. 
Young,  Brighiim,  Governor  of  Utah. 

Administration,  antagonism  to  U.  S.  Govern 
ment,  93. 

Appointment  believed  by  Mormons  to  be  of  Di 
vine  selection,  93. 

Destroys  Federal  supply  train,  95. 

Forbids  Federal  troops  to  enter  Territory,  94, 294. 

Head  of  Mormon  Church,  93. 

Obstructs  march  of  Federal  troops,  95. 

Proclamation  declaring  martial  law,  94, 294. 

Warns  United  States  troops  from  Territory,  95. 
Youngstown,  Ohio. 

Tie-up  at,  199. 
Zanesville,  Ohio. 

Sympathetic  strike  at,  199. 


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